BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 1324


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          SENATE THIRD READING


          SB  
          1324 (Hancock)


          As Amended  March 28, 2016


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Finds and declares that the purposes of imprisonment  
          for crime include rehabilitation.  Specifically, this bill:  
          1)Finds and declares that the purposes of imprisonment for crime  
            include rehabilitation, in addition to punishment.


          2)Finds and declares that these purposes are best served by  
            terms proportionate to the seriousness of the offense with  








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            provision for uniformity in the sentences of offenders  
            committing the same offense under similar circumstances, and a  
            correctional treatment program designed to address the  
            particular criminogenic needs of offenders.


          3)States that the mission of the Department of Corrections and  
            Rehabilitation (CDCR) is to promote public safety by providing  
            a safe and constructive prison environment that fosters  
            positive and enduring behavioral change among offenders, both  
            in prison and after their return to the community. 


          EXISTING LAW:  


          1)Finds and declares that the purpose of imprisonment for crime  
            is punishment. 


          2)Finds and declares that this purpose is best served by terms  
            proportionate to the seriousness of the offense with provision  
            for uniformity in the sentences of offenders committing the  
            same offense under similar circumstances. 


          3)Finds and declares that the elimination of disparity and the  
            provision of uniformity of sentences can best be achieved by  
            determinate sentences fixed by statute in proportion to the  
            seriousness of the offense as determined by the Legislature to  
            be imposed by the court with specified discretion. 


          4)Specifies that in any case in which the punishment prescribed  
            by statute for a person convicted of a public offense is a  
            term of imprisonment in the state prison or a county jail term  
            under Realignment, the court shall sentence the defendant to  
            one of the terms of imprisonment specified unless the  
            convicted person is given any other disposition provided by  








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            law, including a fine, jail, probation, or the suspension of  
            imposition or execution of sentence. 


          5)States that when a judgment of imprisonment is to be imposed  
            and the statute specifies three possible terms, the choice of  
            the appropriate term shall rest within the sound discretion of  
            the court. 


          6)Species that in determining the appropriate term, the court  
            may consider the record in the case, the probation officer's  
            report, other reports, including reports received, as  
            specified, and statements in aggravation or mitigation  
            submitted by the prosecution, the defendant, or the victim, or  
            the family of the victim if the victim is deceased, and any  
            further evidence introduced at the sentencing hearing. 


          7)States that the court shall select the term which, in the  
            court's discretion, best serves the interests of justice. 


          8)Provides that the statute authorizing discretion of courts to  
            sentence to different terms remain in effect only until  
            January 1, 2017, and as of that date is repealed, unless a  
            later enacted statute, that is enacted before that date,  
            deletes or extends that date. 


          9)Finds and declares that the provision of probation services is  
            an essential element in the administration of criminal  
            justice.  The safety of the public, which shall be a primary  
            goal through the enforcement of court-ordered conditions of  
            probation; the nature of the offense; the interests of  
            justice, including punishment, reintegration of the offender  
            into the community, and enforcement of conditions of  
            probation; the loss to the victim; and the needs of the  
            defendant shall be the primary considerations in the granting  








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            of probation. 


          10)Specifies that "probation" means "the suspension of the  
            imposition or execution of a sentence and the order of  
            conditional and revocable release in the community under the  
            supervision of a probation officer." 


          11)Specifies that "conditional sentence" means "the suspension  
            of the imposition or execution of a sentence and the order of  
            revocable release in the community subject to conditions  
            established by the court without the supervision of a  
            probation officer." 


          12)Provides that the court, in granting probation, may suspend  
            the imposing or the execution of the sentence and may direct  
            that the suspension may continue for a period of time not  
            exceeding the maximum possible term of the sentence, except as  
            specified, and upon those terms and conditions as it shall  
            determine. 


          13)States that the court may impose and require any or all of  
            the terms of imprisonment, fine, and conditions, and other  
            reasonable conditions, as it may determine are fitting and  
            proper to the end that justice may be done and for the  
            rehabilitation of the probationer, and that should the  
            probationer violate any of the terms or conditions imposed by  
            the court in the matter, it shall have authority to modify and  
            change any and all the terms and conditions and to re-imprison  
            the probationer in the county jail, as specified. 


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.










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          COMMENTS:  According to the author, "The mission of CDCR is to  
          promote public safety.  This mission can be accomplished only by  
          providing a safe and constructive prison environment.  If  
          offenders are expected to change, and if reductions in  
          recidivism are demanded by policymakers and the public,  
          environments that foster positive and enduring behavioral change  
          among offenders must be created.  This cannot be done without  
          skilled, committed and supported staff. 


          "Prisons can be extremely stressful work environments.   
          Correctional fatigue is a very real issue, demonstrated by a  
          high officer suicide rate, alcohol abuse, family strife,  
          physical illness, and professional misconduct.  As California's  
          criminal justice systems are retooled to reduce the prison  
          population and increase effective programming for offenders in  
          prison, addressing issues core to the well-being and  
          effectiveness of correctional staff is essential.  Staff  
          preparation and training is critically important in creating  
          positive environments for change.  Rehabilitation does not  
          happen in a vacuum - it takes staff to make it materialize, not  
          only those who do the programs but those who help create a  
          prison environment conducive to programming and, ultimately,  
          rehabilitation. 




          "SB 1324 institutes a strong and well-defined mission for the  
          California Department of Corrections and Rehabilitation (CDCR)  
          and its employees consistent with the goals of promoting public  
          safety through professional staff and a safe and constructive  
          correctional rehabilitation environment.  This measure also  
          updates existing law regarding the purpose of imprisonment to  
          include rehabilitation and effective rehabilitation  
          programming."











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          Analysis Prepared by:                                             
          David Billingsley / PUB. S. / (916) 319-3744  FN: 0003457