BILL ANALYSIS Ó
SB 1324
Page 1
SENATE THIRD READING
SB
1324 (Hancock)
As Amended March 28, 2016
Majority vote
SENATE VOTE: 39-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
| | | | |
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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."
SB 1324
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Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744 FN: 0003457