BILL ANALYSIS
AB 2258
Page 1
ASSEMBLY THIRD READING
AB 2258 (Bass)
As Amended June 1, 2010
Majority vote
PUBLIC SAFETY 4-3 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Beall, Hill, |Ayes:|Fuentes, Ammiano, |
| |Skinner | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |Monning, Ruskin, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Gilmore, |Nays:|Conway, Harkey, Miller, |
| |Portantino | |Nielsen, Norby |
| | | | |
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SUMMARY : Declares the intent of the Legislature to create the
California Public Safety Commission (CPSC), an independent,
multi-jurisdictional body to work on issues related to the
state's criminal justice system. The CPSC shall address issues
ranging from the state's sentencing structure to addressing
possible solutions to curtail the cycle of recidivism. The CPSC
shall review existing statutes, individual sentences, policies
and programs that are successful or unsuccessful in other
states, incarceration and alternatives, as well as
rehabilitation and public safety
EXISTING LAW :
1)States when a judgment of imprisonment is to be imposed and
the statute specifies three possible terms, the court shall
order imposition of the middle term unless there are
circumstances in aggravation or mitigation of the crime. At
least four days prior to the time set for imposition of
judgment, either party or the victim, or the family of the
victim if the victim is deceased, may submit a statement in
aggravation or mitigation to dispute facts in the record or
the probation officer's report or to present additional facts.
In determining whether there are circumstances that justify
AB 2258
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imposition of the upper or lower term, the court may consider
the record in the case; the probation officer's report; other
reports, including reports received pursuant to existing law
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. The court shall set
forth on the record the facts and reasons for imposing the
upper or lower term. The court may not impose an upper term
by using the fact of any enhancement upon which sentence is
imposed under any provision of law. A term of imprisonment
shall not be specified if imposition of sentence is suspended.
2)Declares legislative intent that the purpose of imprisonment
for crime is punishment. 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. The Legislature
further 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no state cost; intent language only.
COMMENTS : According to the author, "AB 2258 seeks to create the
California Public Safety Commission, an independent,
multi-jurisdictional body to work on policy issues related to
the state's criminal justice system. Our current criminal
justice sentencing structure leads to seriously overcrowded
facilities, financial constraints, and an inability to deliver
reentry services and high recidivism rates. The bill would
stipulate that the commission's staff spend its first three
years solely on creating partnerships, procedures, conducting
research, and collecting data. Currently, California does not
have an entity in place solely focused on gathering accurate,
timely and complete public safety data. Policymakers must be
enabled to make informed decisions based on reliable empirical
data. California needs to step back and comprehensively look at
our system. Establishing such an entity affords the opportunity
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to collect data on the population and evaluate the performance
of the existing criminal justice system."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0004698