BILL ANALYSIS
Appropriations Committee Fiscal Summary
SB 994 (Bowen)
Hearing Date:4/19/99 Amended:As Introduced
Consultant: Lisa Matocq Policy Vote:Pub Saf 5-0
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BILL SUMMARY: SB 994 (1) restores 1/3 good behavior and
participation credits for persons in the Civil Addict
Program (CAP), (2) requires CDC to contract for an
evaluation of the CAP, and (3) requires that probation
reports specify whether an offender is eligible for
commitment to CAP.
Fiscal Impact (in thousands)
Major Provisions 1999-2000 2000-01 2001-02
Fund
Civil Addict Program Unknown housing cost savings for creditsGeneral
offset by potential unknown increased costs
for increased participation
State prison incarcer- Potential unknown cost savingsGeneral
ation
Evaluation Unknown increased costs, up to $400 one-General
time
Probation reports Unknown increased mandated, potentiallyLocal
reimbursable costs, up to $500 annually
Courts Minor, absorbable increased costs Special*
*Trial Court Trust Fund
STAFF COMMENTS: This bill probably meets the criteria to
be placed on the Suspense File. Under current law, a judge
may suspend criminal sentencing and instead commit a
defendant who is a narcotic addict to the CAP. Although
existing law provides for up to time work-time credit for
confinement in state prison, there are currently no credits
available for civil addict commitments. This bill, for
persons committed beginning January 1, 2000, restores the
up to 1/3 good behavior and participation credits. It also
requires CDC to contract out for an evaluation of CAP.
STAFF RECOMMENDS that the bill be amended to include a due
date for the evaluation. In addition, the bill requires
probation officers to make a determination of the
defendant's eligibility for CAP commitment and include his
or her findings in the existing report filed with the
court.
In its 1998-99 Analysis of the Budget Bill, LAO recommended
legislation similar to that which is proposed in this bill
in an attempt to expand the CAP program, which has declined
dramatically in the past few years. According to CDC,
there were about 2,900 inpatient CAP commitments during
1997. The cost to house a CAP commitment is about $1100
more than the cost of housing an inmate in state prison, or
about $22,300 annually. There are unknown housing cost
savings for applying good behavior credits. However,
because of the way the program is structured, CDC estimates
that only about 150 commitments would be affected by the
credits during initial inpatient confinement, which is on
average 12-16 months. To the extent that more persons
participate in CAP as a result of this bill, there are
unknown increased housing and outpatient treatment/parole
costs, offset by unknown incarceration cost savings. For
example, a person convicted of first degree burglary may
serve 30 months in state prison, but only 12 months in CAP
at which time he or she may be released to outpatient
status. Also, to the extent that recividism is reduced as
a result of this bill, there are unknown incarceration and
CAP housing cost savings. LAO estimates that future prison
construction cost savings, state prison incarceration
costs, and housing cost savings for credits application
exceed any increased costs for increased participation.
In addition, CDC estimates unknown increased costs for the
evaluation, up to $400,000 one-time. The Chief Probation
Officers of California estimate that it could cost up to
$500,000 annually to comply with the reporting provision of
this bill, based on 1 additional hour of staff time per
report. To the extent that an eligibility determination
can be made in less than 1 hour, costs would be reduced.
Judicial Council states there would be minor, absorbable
increased costs to the courts.
AB 562 (Bowen) of 1998 was identical to this bill and died
on Concurrence in the Assembly.