BILL ANALYSIS
AB 2218
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2218 (Fuentes)
As Amended August 2, 2010
Majority vote
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|ASSEMBLY: |62-5 |(May 20, 2010) |SENATE: |25-8 |(August 12, |
| | | | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides that an inmate who commits a crime involving
a direct victim shall receive priority placement in a
restitution center and expands the eligibility criteria for the
placement of an inmate into a restitution center.
The Senate amendments revise the statements of legislative
findings and declarations.
EXISTING LAW :
1)The purpose of restitution centers is to provide a means for
those sentenced to prison to be able to pay their victims
financial restitution as ordered by the sentencing court, or
as agreed upon by the defendant and his or her victims.
2)The location for a restitution center or centers shall be
determined by the Director of the Department of Corrections
(DOC) with approval from the county board of supervisors or
city council in whose jurisdiction the center will be located.
3)Restitution centers shall be located in areas which will
maximize the employment opportunities of persons sentenced to
the centers.
4)The court may order the DOC 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. The DOC may send a defendant to a
reception center for classification prior to placing the
defendant in the restitution center.
5)A defendant is eligible for placement in a restitution center
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if he or she has not served a prison term within the five
years prior to the present conviction, the defendant does not
have a criminal history of a conviction for the sale of drugs
or for a crime involving violence or sex, the defendant did
not receive a sentence of more than 36 months, the defendant
presents no unacceptable risk to the community, and the
defendant is employable.
6)Provides that offenders shall perform all the labor necessary
to maintain the restitution center and meet the offenders'
needs unless the director finds that a particular task can be
better performed by other persons. The Director may employ
and pay compensation to offenders to perform work at a center.
7)Provides that:
a) The offender's wages earned shall be paid directly to
the California Department of Corrections and Rehabilitation
(CDCR), less any tax deductions.
b) 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:
i) One-third goes to the CDCR to pay the costs of the
restitution center;
ii) One-third first goes to court-ordered or agreed upon
restitution, and then the moneys are paid to the
prosecuting jurisdiction to defray court costs and
attorney fees incurred in prosecution, and then the
moneys are paid to the local jurisdiction for crime
prevention; and,
iii) 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.
8)Provides that an offender shall not leave a restitution center
except to go to work or when specifically authorized and shall
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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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Stated legislative intent to fight 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.
2)Provided that the purpose of a restitution center is to
provide a means for an inmate to be able to pay his or her
victim's financial restitution, which includes direct
restitution to a victim, as well as other restitution fines
and fees, as ordered by the sentencing court; or as agreed
upon by the defendant and his or her victims.
3)Stipulated that an inmate who commits a crime involving a
direct victim shall receive priority placement in a
restitution center.
4)Provided that a defendant is eligible for placement in a
restitution center if the defendant does not have a criminal
history of a conviction for the sale of drugs within the last
five years or for an offense requiring registration as a sex
offender, or a serious felony, or a violent felony, and the
defendant did not receive a sentence of more than 60 months
for the current offense(s). In addition, the defendant must
pose no unacceptable risk to the community and must be
employable.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, no immediate practical effect as CDCR in
2008 closed down its two restitution centers - which had a
combined 110 beds, but about a 30% vacancy rate -to avoid what
the department claimed were unnecessary costs (about $500,000 in
contract 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
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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 : According to the author, "AB 2218 reinforces
principles of individual accountability, public safety and
long-term cost savings to the taxpayers of California by: (1)
re-opening 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; and (2) authorizing
the creation of jail based pre-conviction programming credits
for counties offering in-custody recidivism reduction programs.
"AB 2218 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0005908