BILL ANALYSIS
SB 994
Page 1
SENATE THIRD READING
SB 994 (Bowen)
As Amended August 24, 1999
Majority vote
SENATE VOTE :30-4
PUBLIC SAFETY 5-3 APPROPRIATIONS 14-7
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|Ayes:|Honda, Cedillo, Keeley, |Ayes:|Migden, Cedillo, Davis, |
| |Romero, Washington | |Hertzberg, Kuehl, Papan, |
| | | |Romero, Shelley, |
| | | |Steinberg, Thomson, |
| | | |Wesson, Wiggins, Wright, |
| | | |Longville |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Cunneen, Battin, Oller |Nays:|Brewer, Ackerman, |
| | | |Ashburn, Battin, |
| | | |Maldonado, Runner, Zettel |
| | | | |
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SUMMARY : Requires a probation officer upon a plea or finding of
guilty to inquire into a defendant's eligibility for treatment as
a narcotics offender at the California Rehabilitation Center (CRC)
under the civil addict commitment program, and makes a person
committed for treatment eligible for a one-third reduction in the
period spent in confinement. Specifically, this bill :
1)Requires a probation officer upon a plea or finding of guilty,
when so directed by the court, to inquire into a defendant's
eligibility for commitment to CRC under the Civil Addict Program
(CAP).
2)Provides that any person committed to CRC on or after January 1,
2000, shall be eligible for a one-third reduction in the period
spent in custody or confinement, excluding time spent on
out-patient status, for good behavior and participation.
3)Provides that the California Department of Correction (CDC)
shall contract for an evaluation of CAP by an independent
criminal justice policy expert to determine its effectiveness in
reducing narcotics addiction and recidivism among offenders.
4)Requires an evaluation of CAP to determine its effectiveness,
SB 994
Page 2
and that a report be submitted to the Legislature on or before
January 1, 2003.
EXISTING LAW :
1)Provides that upon conviction if it appears to the court that a
defendant may be addicted to narcotics or in imminent danger of
addiction, the court shall order the defendant evaluated for
commitment to CRC unless the defendant has such a pattern of
criminality that he or she is not a fit and proper subject for
commitment.
2)Provides that a person convicted of specified serious crimes, or
whose sentence has been enhanced as the result of the use of a
deadly weapon or firearm, or the infliction of great bodily
injury, or if the sentence exceeds six years imprisonment is
ineligible for commitment to CAP.
3)Provides that after an initial period of observation and
treatment if a person committed has recovered from his or her
addiction or imminent danger of addiction, the Narcotic Addict
Evaluation Authority may release such person to out-patient
status subject to specified rules, regulations, and conditions,
and that person is subject to being retaken and returned to
in-patient status.
4)Allows the Director of CDC to reduce a sentence of a person
committed to the state prison by up to one-half for performance
in approved work, training, or education programs.
FISCAL EFFECT : According to the Assembly Appropriations Committee
analysis:
1)Net annual state savings, potentially in excess of $10 million,
as a result of encouraging more courts and offenders to use CAP,
since CAP, absent sentence credit calculations, is generally
shorter than a straight prison sentence and the recidivism rate
is significantly lower than that of regular state prison
parolees.
This bill is based on a recommendation from the Legislative
Analyst (LAO) "as part of a cost-effective strategy to reduce
rising state incarceration costs." In its analysis of the
1998-99 Budget Act, LAO wrote, "We estimate that longer prison
time served by offenders who would otherwise be eligible for the
CAP will add tens of millions of dollars annually to state
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prison operation costs within five years. It would also
eventually generate one-time capital outlay costs in the low
hundreds of millions of dollars."
2)Costs of about $100,000 to CDC for a CAP evaluation.
3)Unknown reimbursable local costs for additional detail in county
probation officer sentencing reports, probably in the range of
$100,000. LAO contends the mandate would not be significant,
"because probation officers are already mandated by law to
gather the information necessary for such determinations."
COMMENTS : According to the author, "The Civil Addict Program
administered by the CDC and operated at the CRC in Norco, has
shown improving success in rehabilitating inmate but operates at
far below capacity. A major reason for this is that inmates in
the program do not receive work-time credits for participation.
"Drug-addicted felons can now serve substantially less time in
custody by refusing a civil addict commitment and serving their
time in the state prison, where they can earn at least a one-third
reduction in their sentence by taking part in education and work
programs. As of January 1997, only 2,600 of the 4,000 eligible
beds were filled. A CDC estimate shows that there are another
18,653 felons currently in the state prison who may be eligible to
participate in the program.
"This bill proposes to strengthen the Civil Addict Program by
restoring good time credits to civil addicts undergoing treatment
at the CRC, and requiring probation reports to specifically state
whether an offender is eligible for commitment to the Civil Addict
Program."
Please see the policy committee analysis for a more comprehensive
discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0002456