Bill Text: CA AB2218 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Restitution centers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 463, Statutes of 2010. [AB2218 Detail]

Download: California-2009-AB2218-Chaptered.html

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BILL NUMBER: AB 2218	CHAPTERED
	BILL TEXT

	CHAPTER  463
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2010
	PASSED THE SENATE  AUGUST 12, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	AMENDED IN SENATE  AUGUST 2, 2010

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 18, 2010

   An act to amend Sections 6221 and 6228 of the Penal Code, relating
to restitution centers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2218, Fuentes. Restitution centers.
   Existing law establishes restitution centers for inmates to
provide a means for those sentenced to prison to be able to pay their
victims' financial restitution, as specified.
   This bill would revise what is included by the term "restitution"
for these purposes, and provide that inmates who commit crimes
involving a direct victim shall receive priority placement in
restitution centers.
   Existing law provides criteria for eligibility for placement in a
restitution center, including, in part, that a defendant is eligible
for placement in a restitution center if he or she has not served a
prison term within the 5 years prior to the present conviction, does
not have a criminal history of a conviction for the sale of drugs or
for a crime involving violence or sex, and did not receive a sentence
of more than 36 months.
   This bill revises those criteria to provide, among other criteria,
that a defendant is eligible for placement in a restitution center
if he or she does not have a criminal history of a conviction for the
sale of drugs within the last 5 years, or for an offense requiring
registration as a sex offender, or for a serious or violent felony,
and the defendant did not receive a sentence of more than 60 months
for the current offense or offenses.
   The bill would also state findings and declarations by the
Legislature pertaining to restitution centers and inmates.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) Every year, more than 125,000 inmates are released from
California prisons. Of those released, more than half will return to
prison within two years, and more than 70 percent will return within
three years.
   (b) The cost of incarceration alone has risen to a staggering
forty-six thousand dollars ($46,000) per inmate per year, which does
not include the costs of inmates participating in programming to
address substance abuse, mental health treatment, or educational and
vocational training.
   (c) Due to the fiscal crisis in California, funding for state
prison programs was significantly reduced, resulting in fewer
programs, including closure of restitution centers.
   (d) Successful reentry models combine a continuity of services
before and after release from prison and real incentives to hold
former offenders accountable for using those services.
   (e) The most successful models for preventing recidivism include
public-private partnerships among law enforcement, government
agencies, business and labor associations, private employers, and
community-based organizations formed to create living wage employment
opportunities for eligible former offenders and to take advantage of
existing programs and incentives for hiring former offenders.
   (f) The restitution center concept is a model where inmates
serving time for nonviolent, nonserious offenses can fulfill
obligations to pay restitution and other court-related fines and fees
in addition to obtaining and maintaining employment.
   (g) Being employed is a key factor ensuring a lower recidivism
rate and thus reducing taxpayer burdens.
  SEC. 2.  Section 6221 of the Penal Code is amended to read:
   6221.  The purpose of restitution centers is to provide a means
for those sentenced to prison to be able to pay their victims'
financial restitution, which includes direct restitution to victims
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. Inmates who commit crimes involving a direct victim shall
receive priority placement in restitution centers.
  SEC. 3.  Section 6228 of the Penal Code is amended to read:
   6228.  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 pursuant to Section 290, or a
serious felony, as listed in Section 1192.7, or a violent felony, as
listed in Section 667.5, the defendant did not receive a sentence of
more than 60 months for the current offense or offenses, the
defendant presents no unacceptable risk to the community, and the
defendant is employable. The provisions of Article 2.5 (commencing
with Section 2930) of Chapter 7 of Title 1 of Part 3, are applicable
to prisoners in restitution centers.