Bill Text: CA SB1124 | 2011-2012 | Regular Session | Amended
Bill Title: Cost of incarceration: reimbursement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-17 - Set, final hearing. Failed passage in committee. (Ayes 2. Noes 4. Page 3208.) Reconsideration granted. [SB1124 Detail]
Download: California-2011-SB1124-Amended.html
BILL NUMBER: SB 1124 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Cannella
FEBRUARY 17, 2012
An act to amend Section 1203.1m of the Penal Code, relating to
prisons incarceration .
LEGISLATIVE COUNSEL'S DIGEST
SB 1124, as amended, Cannella. Prisons: cost
Cost of incarceration: reimbursement.
Existing law authorizes the court in a criminal case to make a
determination of a defendant's ability to pay all or a portion of the
reasonable costs of imprisonment if the defendant is convicted of an
offense and ordered to serve a period of imprisonment in the state
prison. Existing law authorizes the court, in its discretion before
any hearing, to order the defendant to file a statement setting forth
his or her assets, liability, and income under penalty of perjury.
If the court determines that the defendant has the ability to pay all
or a portion of the costs, existing law requires the court to set
the amount to be reimbursed and order the defendant to pay that sum
to the Department of Corrections and Rehabilitation in the manner in
which the court believes reasonable and compatible with the defendant'
s financial ability , for deposit in the General Fund
in the State Treasury .
This bill would require the court to make a determination of the
ability of the a defendant to pay all
or a portion of the reasonable costs of imprisonment in a state
prison or a county jail , and would require the court to order
the defendant to file a statement setting forth his or her assets,
liability, and income before a hearing on the matter. The bill
would further require a person sentenced to a county jail to pay the
reasonable cost of imprisonment in the county jail, not to excee
d the amount determined by the board of
supervisors to be the actual average cost of imprisonment in the
county jail, and would require payments for local incarceration costs
to be made to the sheriff for deposit in the county general fund.
By imposing additional duties on county prosecutors, the bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.1m of the Penal Code is amended to read:
1203.1m. (a) If a defendant is convicted of an offense and
ordered to serve a period of imprisonment in the state prison or
a county jail , the court shall, after a hearing, make a
determination of the ability of the defendant to pay all or a portion
of the reasonable costs of the imprisonment. The reasonable costs of
imprisonment in the state prison shall not exceed the
amount determined by the Secretary of the Department of Corrections
and Rehabilitation to be the actual average cost of imprisonment in
the state prison on a per-day basis. The reasonable cost of
imprisonment in a county jail shall not exceed the amount determined
by the board of supervisors to be the actual average cost of
imprisonment in the county jail on a per-day basis.
(b) The court shall, before any hearing, order the defendant to
file a statement setting forth his or her assets, liability, and
income, under penalty of perjury. At the hearing, the defendant shall
have the opportunity to be heard in person or through counsel, to
present witnesses and other evidence, and to confront and
cross-examine adverse witnesses. A defendant who is represented by
counsel appointed by the court in the criminal proceedings shall be
entitled to representation at any hearing held pursuant to this
section. If the court determines that the defendant has the ability
to pay all or a part of the costs, the court shall set the amount to
be reimbursed , and order the defendant to pay that sum to
the Department of Corrections and Rehabilitation for deposit in the
General Fund , or to the sheriff for deposit in the county
general fund, in the manner in which the court believes
reasonable and compatible with the defendant's financial ability.
Execution may be issued on the order in the same manner as on a
judgment in a civil action. The order to pay all or part of the costs
shall not be enforced by contempt.
(c) At any time during the pendency of an order made under this
section, a person against whom the order has been made may petition
the court to modify or vacate its previous order on the grounds of a
change of circumstances with regard to the person's ability to pay.
The court shall advise the person of this right at the time of making
the order.
(d) If the amount paid by the defendant for imprisonment exceeds
the actual average cost of the term of imprisonment actually served
by the defendant, the amount paid by the defendant in excess of the
actual average cost shall be returned to the defendant within 60 days
of his or her release from the state prison or county jail
.
(e) For the purposes of this section, in determining a defendant's
ability to pay, the court shall consider the overall ability of the
defendant to reimburse all or a portion of the costs of imprisonment
in light of the defendant's present and foreseeable financial
obligations, including family support obligations, restitution to the
victim, and fines, penalties, and other obligations to the court,
all of which shall take precedence over a reimbursement order made
pursuant to this section.
(f) For the purposes of this section, in determining a defendant's
ability to pay, the court shall not consider the following:
(1) The personal residence of the defendant, if any, up to a
maximum amount of the median home sales price in the county in which
the residence is located.
(2) The personal motor vehicle of the defendant, if any, up to a
maximum amount of ten thousand dollars ($10,000).
(3) Any other assets of the defendant up to a maximum amount of
the median annual income in California.
SEC. 2. If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
