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AB-1474 Sentencing: consideration of costs.(2021-2022)

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Date Published: 02/20/2021 04:00 AM
AB1474:v99#DOCUMENT

Revised  April 21, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1474

Introduced by Assembly Member Gabriel
(Coauthor: Assembly Member McCarty)(Coauthors: Assembly Members McCarty and Bauer-Kahan)

February 19, 2021

An act to add Section 1191.5 to the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


AB 1474, as introduced, Gabriel. Sentencing: consideration of costs.
Existing law, generally, provides for the punishment of persons guilty of a criminal offense, as specified, including incarceration in the state prison or a county jail. Existing law requires the court in a criminal case to appoint a time for pronouncing judgment within 20 days after a plea, finding, or verdict of guilty.
This bill would require a prosecuting attorney, at sentencing, to state on the record the estimated cost of incarceration or supervision for any proposed sentence.
This bill would also require a county probation department, if preparing a presentence report, to provide the court with specified information regarding the estimated and projected cost of incarceration or other supervision of the defendant as has been proposed in the recommended sentence.
The bill would require the court, during sentencing, to state on the record, the estimated cost of the sentence imposed.
This bill would require the Legislative Analyst’s Office (LAO) to annually compile the average annual costs of incarceration and postincarceration supervision for an inmate under the supervision of the Department of Corrections and Rehabilitation, and to provide that information to prosecutor’s officers and the chief probation officer of each county. The bill would also require the LAO to provide this information to the public on the LAO’s internet website.
This bill would require the Board of State and Community Corrections to annually compile the annual costs of incarceration and noncustodial supervision for a person under the supervision of each county sheriff or probation department, and to provide the information to prosecutor’s officers and the chief probation officer of each county. The bill would also require the board to provide this information to the public on the board’s internet website.
By requiring additional duties of prosecutors and probation departments, this 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 1191.5 is added to the Penal Code, to read:

1191.5.
 (a) After a plea, finding, or verdict of guilty in a criminal case, the prosecuting attorney shall, during sentencing, state on the record the estimated cost of incarceration or supervision for any proposed sentence.
(b) If a presentence report is required, the probation department shall, as part of the presentence report, prepare an estimated cost of incarceration or supervision for any proposed sentence and provide that information to the court and to the defendant before sentencing.
(c) The estimated cost of incarceration or supervision required in subdivisions (a) and (b) shall be based on the applicable average annual costs compiled annually by the Legislative Analyst’s Office or the Board of State and Community Corrections, as applicable, pursuant to subdivision (e) or (f).
(d) The court shall, at sentencing, state on the record the estimated cost of the imposed sentence and any consideration given to cost in imposing the sentence.
(e) The Legislative Analyst’s Office shall, by no later than July 1, 2022, and annually thereafter, compile the average annual costs of incarceration and postcustody supervision for an inmate in the custody of, or under the supervision of, the Department of Corrections and Rehabilitation and shall provide that information to each city, county, or city and county prosecutor’s office and the chief probation officer of each county, and shall make the information available to the public by posting it on the internet website of the Legislative Analyst’s Office.
(f) The Board of State and Community Corrections shall, by no later than July 1, 2022, and annually thereafter, compile the average annual costs of incarceration and supervision for a person in the custody of, or under the supervision of, each county sheriff or probation department, and shall provide that information to each city, county, or city and county prosecutor’s office and the chief probation officer of each county, and shall make the information available to the public by posting it on the board’s internet website.
(g) Subdivisions (a) through (d), inclusive, of this section shall become operative on July 1, 2022.

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.
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REVISIONS:
Heading—Line 2.
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