BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2218|
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THIRD READING
Bill No: AB 2218
Author: Fuentes (D)
Amended: 8/2/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/22/10
AYES: Leno, Cedillo, Hancock, Huff, Steinberg, Wright
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 62-5, 5/20/10 - See last page for vote
SUBJECT : Restitution centers
SOURCE : California Public Defenders Association
DIGEST : This bill: (1) states legislative intent to
reduce recidivism and assist in collection of restitution
through the use of restitution centers in which inmates can
maintain employment in the community to earn money to pay
restitution, restitution fines and other fines; (2)
broadens eligibility for restitution center placement to
inmates with a sentence of up to 60 months or who have not
had a conviction for sale of a controlled substance for
five years - if the defendant meets the other eligibility
rules; and (3) gives priority in placement for defendants
who owe direct restitution to victims.
ANALYSIS : Existing law authorizes the California
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Department of Corrections and Rehabilitation (CDCR) to
establish restitution centers for inmates to provide a
means for those sentenced to prison to be able to pay their
victims' financial restitution, as specified. (Penal Code
Sections 6220 and 6221.)
Existing law provides that a defendant is eligible for
placement in a restitution center if he or she:
1. Has not served a prison term within the five years prior
to the present conviction.
2. Does not have a criminal history of a conviction for the
sale of drugs or for a crime involving violence or sex.
3. Did not receive a sentence of more than 36 months.
4. Presents no unacceptable risk to the community; and
is employable. (Penal Code Section 6228.)
Existing law provides that the court may order the CDCR to
place an eligible defendant in a restitution center if the
court makes a restitution order, or if a restitution
agreement is entered into by the victims and the defendant.
(Penal Code Section 6227.)
Existing law provides that offenders shall perform all
labor necessary to maintain the restitution center and meet
the offenders' needs, unless the director finds that other
persons can better perform a particular task. The director
may employ and pay compensation to offenders to perform
work at a center. (Penal Code Section 6230, subdivisions
(a)-(b).)
Existing law provides:
1. The offender's wages earned shall be paid directly to
the CDCR, less any tax deductions.
2. Wages received by the CDCR shall be used to reimburse
the offender for direct employment costs, such as
transportation, tools, clothing, meals, union dues, and
other employee-mandated costs. Of the remaining wages:
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A. One-third goes to the CDCR to pay the costs of
the restitution center.
B. One-third first goes to court ordered or agreed
upon restitution, and the moneys are paid to the
prosecuting jurisdiction to defray court costs and
attorney fees incurred in prosecution and paid to
the local jurisdiction for crime prevention
C. One-third goes in a savings account for the
offender, which can be used to provide support for
the offender's immediate family, purchase items
necessary for employment, or given to the offender
to purchase personal accessories. Upon release,
the remaining money in the savings account is paid
to the offender. (Penal Code Section 6231,
subdivisions (a) and (b)(3).)
Existing law provides that an offender shall not leave a
restitution center except to go to work or when
specifically authorized and shall return to the restitution
center immediately after work or when required by the
person in charge of the restitution center. An offender
who violates this section is guilty of escape. (Penal Code
Section 6233, subdivisions (a)-(b).)
Existing law establishes the Sex Offender Registration Act,
which requires all persons convicted in California,
federal, or military court, of specifically enumerated sex
crimes to register with the chief of police of the city in
which he or she is residing. (Penal Code Section 290.)
Existing law provides that a "serious felony" includes
manslaughter, flight from a peace officer, reckless
driving, and driving under the influence, when any of these
offenses involve the personal infliction of great bodily
injury in any person other than an accomplice, or the
personal use of a dangerous or deadly weapon. (Penal Code
Section 1192.7.)
Existing law provides that a "violent felony" includes
murder, mayhem, rape, robbery, arson, attempted murder,
kidnapping, carjacking, extortion, and more. (Penal Code
Section 667.5, subdivision (c).)
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This bill declares legislative intent to address recidivism
by using a restitution center concept 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, as specified.
This bill provides that the purpose of a restitution center
is to allow inmates to pay their victims' financial
restitution, including direct restitution to victims as
well as restitution fines and fees.
This bill stipulates that inmates who commit crimes
involving a direct victim shall receive priority placement
in restitution centers.
This bill expands eligibility for placement in a
restitution center to a defendant who does not have a
conviction for the sale of a controlled substance within
the last five years, if the defendant meets other
eligibility requirements.
This bill expands eligibility for restitution center
placement to a defendant who was sentenced to a term of no
more than 60 months, if other eligibility requirements are
met.
Prior Legislation
AB 807 (Fuentes), 2009-10 Session, passed the Senate Floor
with a vote of 27-7 on September 3, 2009 but was vetoed.
AB 807 (Fuentes) would have revised the criteria for
placement of inmates in restitution centers by the CDCR.
AB 807 directed CDCR to open two specific restitution
centers in Los Angeles. In discussions with Committees
staff, CDCR representatives expressed concerns about being
given such a mandate. AB 807 was vetoed by the Governor
for interfering with CDCR operations and because of
uncertainty surrounding the prison reform measures that are
currently being litigated.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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SUPPORT : (Verified 8/3/10)
California Public Defenders Association (source)
California Attorneys for Criminal Justice
Drug Policy Alliance
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author's office,
this bill reinforces principles of individual
accountability, public safety and long-term cost savings to
the taxpayers of California. The bill states legislative
intent to re-open Restitution Centers, where eligible and
suitable non-violent state prison inmates would be required
to obtain and maintain employment while also paying direct
victim restitution and other restitution fines and fees
owed.
This bill is an example of being smart on crime because
offenders who gain tangible life skills which include
vocational training and actual employment are much more
likely to successfully reintegrate into communities and
contribute to society instead of being a drain to
taxpayers. Restitution Center participants often maintain
the same employment upon being released from state custody,
thus providing a more seamless transition.
The California Public Defenders Association argues,
"Instead of serving their sentences in state prison,
eligible and suitable prisoners would serve their time at
the Restitution Centers, where CDCR staff was present. The
Restitution Centers provide an avenue for inmates to be
housed in a less costly community setting while fulfilling
their obligations to pay restitution. The cost per day of
housing a CDCR inmate in a restitution center would be
approximately $50 per day compared to $131 per day to house
in state prison, saving approximately $29,000 per inmate
per year in addition to the savings generated by the
percentage of wages allocated toward operating expenses."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Bass, Beall, Blakeslee,
Block, Blumenfield, Bradford, Brownley, Buchanan,
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Caballero, Charles Calderon, Carter, Chesbro, Conway,
Cook, Coto, Davis, De Leon, DeVore, Emmerson, Eng, Feuer,
Fong, Fuentes, Fuller, Furutani, Galgiani, Garrick,
Gilmore, Hagman, Hall, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Lieu, Bonnie Lowenthal,
Ma, Mendoza, Monning, Nestande, Niello, V. Manuel Perez,
Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Yamada
NOES: Anderson, Tom Berryhill, Gaines, Miller, Nielsen
NO VOTE RECORDED: Bill Berryhill, De La Torre, Evans,
Fletcher, Harkey, Logue, Nava, Norby, Portantino, Silva,
Villines, John A. Perez, Vacancy
RJG:do 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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