BILL ANALYSIS
AB 807
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Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 807 (Fuentes) - As Introduced: February 26, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill revises and clarifies the criteria for placing state
prison inmates in Department of Corrections and Rehabilitation
(CDCR) restitution centers. Specifically, this bill:
1)Deletes the requirement that to be eligible for restitution
center placement, an inmate must not have served a prison term
within five years of the present conviction.
2)Makes an inmate eligible for restitution center placement if
the inmate did not receive a sentence of more than 60 months
for the current offense or offenses (current law specifies 36
months), and if the inmate does not have a criminal conviction
for:
a) drug sales within the last five years (current law makes
all persons convicted of drug sales ineligible);
b) an offense requiring registration as a sex offender
(consistent with current law);
c) a serious felony, as defined in Penal Code Sec 1192.7
(current law does not exempt serious felonies, as defined,
only crimes "involving violence");
d) a violent felony, as defined in Penal Code Sec 667.5.
3)Specifies that inmates who commit crimes involving direct
restitution to a victim shall receive priority placement in
restitution centers.
AB 807
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FISCAL EFFECT
No immediate practical effect as CDCR closed down its two
restitution centers - which had a combined 110 beds, but 36
vacancies - last November to avoid what the department claimed
were unnecessary costs. This bill does not require CDCR to take
any specific action, other than revising inmate eligibility.
If CDCR eventually reopens a restitution center, this bill
should make it somewhat easier to fill more beds, and therefore
result in moderate per capita savings. Considering, however, the
competition for these non-violent, non-serious, non-sex offender
lower inmates between CDCR camps, community correctional
facilities, work details, furlough centers, etc., CDCR will
likely continue to have difficulty filling these types of beds.
COMMENTS
1)Rationale . The author's intent is to encourage CDCR to reopen
restitution centers by revising inmate eligibility. The author
maintains - accurately - that restitution centers are
considerably cheaper than prison beds while also providing a
crucial rehabilitative and restorative justice function.
Current CDCR overcrowding costs are more than twice the
restitution center per capita costs of about $18,000, which
does not consider the value of the restitution payments and
the inmate savings.
According to the sponsor, the CA Public Defenders Association,
"In the Restitution Center program which emphasizes principles
of individual accountability, non-violent state prison inmate
participants can obtain and maintain jobs, with the goal of
continuing their employment upon release on parole.
Additionally, earned wages help to directly fulfill
restitution owed to victims. The payment of restitution
assists in making the victims of non-violent crime whole. AB
807 would prioritize those candidates who owe direct
restitution to a victim and would next admit eligible
participants who owe restitution fines and fees to the courts
to ensure that bed capacity is always filled at 100%."
2) The author may wish to consider a more direct approach and
require CDCR to operate a restitution center .
AB 807
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3)Current law authorizes CDCR to establish restitution centers
as a place where inmates may live while they work to pay off
their financial restitution, as specified. In a restitution
center an inmate may not leave except to go to work and must
return to the center immediately after work or as required by
the center.
The inmate's wages are paid directly to the CDCR, less any tax
deductions. Wages received by the CDCR are used to reimburse
the offender for direct employment costs, such as
transportation, tools, clothing, meals, and other
employee-mandated costs. Of the remaining wages, 1/3 goes to
CDCR to pay the costs of the restitution center, 1/3 goes to
court-ordered or agreed upon restitution, and 1/3 goes into an
inmate savings account.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081