Bill Text: CA AB1077 | 2019-2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Collaborative court program incentives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1077 Detail]
Download: California-2019-AB1077-Introduced.html
Bill Title: Collaborative court program incentives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1077 Detail]
Download: California-2019-AB1077-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1077 |
| Introduced by Assembly Member Eggman |
February 21, 2019 |
An act to add Chapter 1.5 (commencing with Section 994) to Title 6 of Part 2 of the Penal Code, relating to sentencing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1077, as introduced, Eggman.
Traffic offenses: financial relief for defendants.
Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.
Existing law imposes various fines, fees, penalties, and assessments on a defendant in a criminal proceeding, including the fine set by the statute originally violated, restitution fines and fees, and other court fees, as specified.
This bill would authorize the court, when an indigent defendant is sentenced to a diversion or deferral of judgment program in a collaborative court, to waive all fines, fees, penalties, and assessments, other than restitution orders payable to the victim of the crime, above the base fine that
was assessed for a previous traffic crime, as defined. The bill would require the court to determine the manner of discharge of the base fine through an installment plan, community service, or partial or complete waiver.
The bill would require the reinstatement of a suspended drivers license for a person whose license has been suspended because of a traffic crime for the program. The bill would require the reinstatement of all fines, fees, penalties, and assessments for a person who is removed from the program.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) It is sound public policy to remove financial and legal barriers that prevent Californians from reentering and reintegrating into their communities where those individuals participate in rehabilitative programming as part of a deferred entry of judgment or diversion program.
(b) The adoption of collaborative court programs by several counties, including drug courts, veterans courts, mental health courts, and homeless courts, has allowed eligible defendants to plead into intensive rehabilitation programs monitored by the county in lieu of serving jail or prison sentences.
(c) Upon successful completion of a diversion program, a defendant is substantially less likely to recidivate.
(d) Recognizing the benefit of these programs, the Legislature finds and declares that it is sound public policy to incentivize eligible defendants to participate in collaborative court programs by reducing the burdens of existing debt and reinstating driver’s licenses to assist the defendant’s reintegration into society.
SEC. 2.
Chapter 1.5 (commencing with Section 994) is added to Title 6 of Part 2 of the Penal Code, to read:CHAPTER 1.5. Collaborative Court Programs
994.
(a) When a defendant is sentenced to a collaborative court program, the court may, in its discretion and as part of the program, waive all fines, fees, penalties, and assessments, other than victim restitution orders imposed pursuant to subdivision (f) of Section 1202.4, above the base fine that were assessed for previous traffic crimes. The court shall determine the manner of discharge of the base fine by one of the following methods:(1) An installment plan.
(2) (A) Community service in lieu of payment of the fine.
(B) The number of hours to be completed shall be determined after the
appropriate reductions due to indigence have been made pursuant to this chapter. The number of hours of community service shall be calculated at a rate of 200 percent of the state minimum wage or the local minimum wage, whichever is higher.
(C) Community service should be interpreted broadly to include participation in programs, mental health and substance abuse services, job training, educational programs, or other social services programs deemed eligible by the court.
(D) The court shall take into consideration the ability of the person to perform community service and community service shall not conflict with employment, education, government-mandated activities, childcare obligations, elder care obligations, or any other obligation of the person as determined appropriate by the court.
(E) A sign-up fee shall not
be assessed in order to participate in community service.
(3) Suspension of the fine, in whole or in part, and a complete or partial waiver of the fine upon successful completion of the collaborative court program.
(4) An alternative disposition that provides equivalent financial relief to the defendant as paragraphs (1) to (3), inclusive.
(b) A person whose license has been suspended for a traffic crime, and who has received relief pursuant to this chapter shall have their driver’s license reinstated until the collaborative court program is completed or until the person is no longer eligible pursuant to Section 994.2.
(c) A defendant is eligible for relief pursuant to this section if the defendant meets all of the following criteria:
(1) The defendant has outstanding debt from the imposition of fines, fees, penalties, and assessments relating to traffic crimes.
(2) At the time of sentencing, the defendant is indigent.
(d) This section does not apply to a fine, fee, penalty, or assessment charged for a crime that is not a traffic crime. This section also does not authorize the waiver, reduction, or alternate discharge of an imposed restitution order payable to the victim of the crime.
994.1.
For purposes of this chapter, the following definitions apply:(a) “Base fine” means either the fine set by the statute originally violated or the amount set by the court at the time of sentencing if the statute originally violated specifies a range of possible fines. “Base fine” does not include a fine, fee, penalty, or assessment imposed for the support of the state court system or a restitution order payable to the victim.
(b) “Collaborative court program” means a diversion program or a deferral of judgment program established in Chapter 2.5 (commencing with Section 1000) to Chapter 2.9D (commencing with Section 1001.81), inclusive, that is established and monitored through a court or county
administered collaborative court.
(c) (1) “Indigent” means the person either meets the requirements of Section 68632 of the Government Code or the person, as determined by the court, cannot pay the outstanding debt or expenses associated with collaborative court programming without using moneys that normally would pay for the common necessities of life for the defendant and the defendant's family, or that are otherwise necessary for the defendant’s effective participation in the collaborative court program.
(2) A person may demonstrate indigence through either of the following:
(A) Proof of income from a pay stub or another form of proof of earnings that shows that the individual meets the criteria in paragraph (1).
(B) Proof of
the receipt of benefits under programs described in Section 68632 of the Government Code.
(d) “Traffic crimes” means a nonfelony moving violation, failure to provide proof of automobile insurance, or driver’s license suspension for a nonfelony violation of 23152 or 23153 of the Vehicle Code, failure to pay child support, failure to appear in court, failure to provide proof of automobile insurance, or driving when mentally or physically unfit to do so.
