Today's Law As Amended


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



As Amends the Law Today


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.