CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1233

Introduced by Senator McGuire

February 15, 2018

An act to amend Section 1209.5 of the Penal Code, relating to sentencing.


LEGISLATIVE COUNSEL'S DIGEST


SB 1233, as introduced, McGuire. Sentencing: community service: education programs.
Existing law authorizes a court to sentence a person convicted of an infraction to perform community service in lieu of the total fine, as defined, that would otherwise be imposed, upon a showing that payment of the total fine would pose a hardship on the defendant or his or her family. Existing law requires the defendant to perform community service at the hourly rate applicable to community service work performed by criminal defendants.
This bill would authorize a person convicted of an infraction, a misdemeanor for failure to appear or pay bail for specified violations, or who has suffered a civil assessment for failure to appear, to perform community service in the defendant’s county of residence in lieu of part or all of the fine or assessment imposed by participating in specified educational programs. The bill would specify that the court has discretion in determining whether the defendant has successfully completed his or her educational program.
To the extent that the bill would expand the scope of persons performing community service and would increase the supervisory duties of county officials, 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1209.5 of the Penal Code is amended to read:

1209.5.
 (a) Notwithstanding any other provision of law, any person convicted of an infraction law, a person subject to a criminal fine or a civil assessment as described in subdivision (b) may, upon a showing that payment of all or part of the total fine or assessment would pose a hardship on the defendant or his or her family, be sentenced to perform community service in lieu of all or part of the total fine or civil assessment that would otherwise be imposed. The defendant shall perform community service in the defendant’s county of residence at the hourly rate applicable to community service work performed by criminal defendants. For
(b) Subdivision (a) applies to a person who has suffered any of the following:
(1) A conviction for an infraction.
(2) A conviction for a misdemeanor for a failure to appear or to pay bail pursuant to subdivision (a) or (b) of Section 40508 of the Vehicle Code.
(3) A civil assessment for a failure to appear in court or to pay a fine pursuant to Section 1214.1.
(c) (1)  The court shall permit a defendant to perform community service by participating in educational programs with local, state, federal, nonprofit, and private entities including high schools, community colleges, universities, vocational institutions, and public libraries.
(2) The court shall have discretion in determining whether a defendant has successfully completed his or her educational program. When determining whether a defendant has successfully completed the educational program, the court may consider the following:
(A) Whether the defendant has a verification of enrollment form and a verification of completion of all hours form signed by his or her instructor if the defendant is enrolled in an educational program described in subparagraph (A) to (G), inclusive, of paragraph (1) of subdivision (d).
(B) Whether the defendant has a grade of C or higher if he or she is enrolled in an educational program described in subparagraph (H) of paragraph (1) of subdivision (d).
(d) (1) Educational programs for purposes of this section include, but are not limited to, the following:
(A) Writing classes.
(B) Literacy courses.
(C) Computer classes.
(D) English as a second language courses.
(E) General education development courses.
(F) Adult education, including, but not limited to, parenting, financial literacy, and mental and physical health workshops, classes, and programs.
(G) Preapprenticeship programs.
(H) College and university courses.
(2) Higher education programs at for-profit institutions and education programs that are part of a state or federally mandated work activity requirement are not eligible education programs for purposes of this section.
(e) For purposes of this section, the term “total fine” means the base fine and all assessments, penalties, and additional moneys to be paid by the defendant. For purposes of this section, the hourly rate applicable to community service work by criminal defendants shall be determined by dividing the total fine by the number of hours of community service ordered by the court to be performed in lieu of the total fine.

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.