BILL ANALYSIS
AB 807
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 807 (Fuentes)
As Amended August 17, 2009
Majority vote
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|ASSEMBLY: |75-1 |(June 2, 2009) |SENATE: |27-7 |(September 3, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Revise the criteria for placement of inmates in
restitution centers by the California Department of Corrections
and Rehabilitation (CDCR).
The Senate amendments :
1)Delete references to the "Los Angeles County Central
Restitution Center" and the "Los Angeles County La Cienega
Restitution Center."
2)Add that CDCR shall establish and operate two restitution
centers in Los Angeles County no later than June 30, 2011.
State, however, that this requirement shall not become
operative if the prison reforms proposed by the Governor as
part of the 2009 Budget revision are passed by the Legislature
and put into effect; and, as a result, the Secretary of CDCR
determines that there is an insufficient population of inmates
eligible for restitution center placement.
3)State legislative intent that defendants eligible for
placement in a restitution center be placed as expeditiously
as possible. Provide that CDCR shall work in concert with
other agencies, such as county sheriff and public defender
offices, to share information in order to make screening,
classification, and placement more expeditious.
4)State that the Legislature further intends that, in
implementing this bill, CDCR draw upon successful existing
pilot programs.
5)Delete the requirement that a defendant sentenced to a
restitution center shall be sent directly to the restitution
center and provide, instead, that CDCR may send a defendant to
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a reception center for classification prior to placing the
defendant in a restitution center.
AS PASSED BY THE ASSEMBLY , this bill:
1)Revised what is included by the term "restitution" for the
purposes of restitution centers to include direct restitution
to victims as well as other restitution fines and fees.
2)Provided that inmates who commit crimes involving direct
victims shall receive priority placement in restitution
centers.
3)Provided that a defendant is eligible for placement in a
restitution center if he or she does not have a criminal
conviction for:
a) The sale of drugs within the last five years; or,
b) For an offense requiring registration as a sex offender
pursuant to the Sex Offender Registration Act; or,
c) For a serious felony, as defined; or,
d) For a violent felony, as defined; or,
e) The defendant did not receive a sentence of more than 60
months for the current offense or offenses; and,
f) The defendant presents no unacceptable risk to the
community and the defendant is employable.
4)Removed the requirement that a defendant is only eligible for
placement in a restitution center if he or she has not served
a prison term within the five years prior to the present
conviction.
5)Stated findings and declarations pertaining to restitution
centers and inmates that:
a) Of the 125,000 inmates annually released from California
prisons, more than one-half will return to prison within
two years and more than 70% will return within three years;
b) Incarceration costs have risen to $46,000 per inmate per
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year, not including the costs of programming for substance
abuse, mental health, or educational and vocational
training;
c) The vast majority of California prisons inmates do not
participate in any prison programs. The majority of
released inmates will be unemployed with few job prospects;
d) The most successful models for preventing recidivism
include public-private partnerships among law enforcement,
government agencies, business and labor associations,
private employers, and community-based organizations formed
to create living wage employment opportunities for eligible
former offenders and to take advantage of existing programs
and incentives for hiring former offenders;
e) The restitution center concept is a model where inmates
serving time for non-violent, non-serious offenses can
fulfill obligations to pay restitution and other
court-related fines and fees in addition to obtaining and
maintaining employment; and,
f) Being employed is a key factor ensuring a lower
recidivism rate and thus reducing taxpayer burdens.
6)Stated that the CDCR Secretary may establish and operate
facilities, known as "restitution centers". Requires the
Secretary to operate the Los Angeles County Central
Restitution Center and the Los Angles County La Cienaga
Restitution Center.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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 CDCR claimed were
unnecessary costs. This bill does not require CDCR to take any
immediate action, other than revising inmate eligibility.
When CDCR reopens a restitution center, this bill should make it
somewhat easier to fill more beds, and therefore result in
moderate and ongoing per capita General Fund savings.
COMMENTS : According to the author, "The cost per day of
housing a CDCR inmate in a Restitution Center is approximately
$50 compared to $97 per day to house in state prison, which
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saves at least $17,000 per inmate per year. The Restitution
Centers provide an avenue for inmates to be housed in a less
costly community setting while still fulfilling their
obligations to pay restitution.
"AB 807 would expand eligibility to those charged with
non-violent, and non-Section 290 registerable offenses facing a
maximum five-year sentence. AB 807 would further clarify that
persons who owe restitution fines and fees to the courts are
eligible for placement in Restitution Centers, but would
prioritize admission to those who owe restitution to individual
victims. The goal of AB 807 is to ensure that bed capacity is
always filled at 100%."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
FN:
0002253