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AB-1077 Collaborative court program incentives.(2019-2020)

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Date Published: 04/08/2019 02:00 PM
AB1077:v97#DOCUMENT

Amended  IN  Assembly  April 08, 2019
Amended  IN  Assembly  March 27, 2019

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 amended, Eggman. Collaborative court program incentives.
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 military. Existing law imposes various fines, fees, penalties, and assessments on a defendant in a criminal proceeding, including the fine set by statute, restitution fines and fees, and assessments to support the state court system.
This bill would require the court, when an indigent defendant enters a collaborative court program, to waive all penalties assessed over the base fines for current and prior nonfelony violations of the Vehicle Code and nonfelony nonmoving violations. other misdemeanors or infractions. The bill would also require the court to suspend all remaining fines for an indigent defendant pending successful completion of the collaborative court program and authorize the court to determine how an indigent defendant will satisfy the suspended fines by specified methods that include a complete or partial waiver of the fines.

The bill would require the court to order the temporary reinstatement of a driver’s license for any defendant who has had their driver’s license suspended for a nonfelony violation of the Vehicle Code, nonfelony nonmoving violation, or failure to pay child support and enters a collaborative court program, except as provided. The reinstatement would be effective during the time the defendant is in the collaborative court program.

The bill would reinstate all previously waived or suspended fines and would reinstate a driver’s license suspension for a defendant who is removed from a collaborative court program prior to completion and prosecution proceeds or sentencing is imposed. The bill would define terms for its purposes and make legislative findings and declarations in support of its provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 Incentives

994.
 (a) At the time a defendant enters a collaborative court program, the court shall waive all penalties assessed over the base fine for current and prior violations eligible under this section. section, except for the assessment pursuant to Section 76104.6 of the Government Code.
(b) (1) The court shall suspend all remaining fines pending successful completion of the collaborative court program.
(2) The court may determine how a defendant will satisfy the remaining suspended fines by one any of the following methods:
(A) Installment plan.
(B) Community service in lieu of payment.
(C) Complete or partial waiver of the fine.
(D) An alternative disposition the court determines is fair given the circumstances.
(c) A defendant is eligible for relief under this section if the defendant meets all of the following criteria:
(1) The defendant has unpaid fines related to nonfelony violations of the Vehicle Code or nonfelony nonmoving violations. other misdemeanors or infractions.
(2) At the time of sentencing, the defendant is indigent. “Indigent” means a defendant who either meets the requirements of Section 68632 of the Government Code or, 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. Code.
(3) Whether a defendant is indigent may be demonstrated by any of the following:
(A) Proof of income from a pay stub or another form of proof of earnings that demonstrate the defendant meets the definition of indigent.
(B) Proof of the receipt of benefits under programs described in Section 68632 of the Government Code.
(d) This section does not authorize the waiver, reduction, or alternate discharge of an imposed restitution order payable to the victim of a crime.

994.1.

(a)Notwithstanding any other law, the court shall order the temporary reinstatement of a driver’s license for a defendant who has had their driver’s license suspended for any of the following:

(1)Nonfelony violation of the Vehicle Code.

(2)Nonfelony nonmoving violation.

(3)Failure to pay child support.

(b)The reinstatement is effective from the date the court issues its order until the defendant either completes the collaborative court program or is removed from the collaborative court program prior to completion.

(c)A defendant with more than one conviction of driving under the influence of alcohol or a controlled substance shall not have their driver’s license reinstated.

994.2.994.1.
 A defendant who is removed from a collaborative court program prior to completing the program and for whom the prosecution proceeds or sentencing is imposed, shall no longer be eligible for the benefits of this chapter and all previously waived or suspended fines shall be reinstated, except for the fines discharged pursuant to the terms of this chapter.

994.3.994.2.
 This chapter does not limit the discretion of a judicial officer to suspend or reduce fines and fees when appropriate or to dismiss actions in the interest of justice pursuant to Section 1385 of the Penal Code. Code or any other law.