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AB-1708 Sentencing Commission.(2007-2008)



Current Version: 09/06/07 - Amended Senate

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AB1708:v97#DOCUMENT

Amended  IN  Senate  September 06, 2007
Amended  IN  Senate  June 21, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1708

Introduced  by  Assembly Member Swanson, Lieber
 (Principal Coauthor(s): Senator Perata, Romero)

February 28, 2007

An act to add Article 7 (commencing with Section 52900) to Chapter 12 of Part 28 of Division 4 of Title 2 of the Education Code, relating to alternative education. An act to add Sections 4950, 4953, 4954, 4955, and 4958 to the Penal Code, relating to sentencing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1708, as amended, Swanson. Alternative education: school dropouts and at-risk pupils. Sentencing Commission.
SB 110 of the 2007–08 Regular Session would establish the California Sentencing Commission, with specified membership and terms. The commission would be charged with establishing sentencing rules that set forth presumptive sentences for various crimes. SB 110 would, among other things, specify the duties of the commission and the standards that the commission would be required to abide by in promulgating sentencing rules.
This bill would add new provisions related to the sentencing commission, to become operative only if SB 110 is enacted and this bill is enacted last. These provisions would change the composition, duties, and standards of the commission.

Existing law authorizes school districts and schools to participate in school-based program coordination whereby a schoolsite council is established at each participating school and develops a school plan that includes, among other things, curricula, instructional strategies and materials responsive to the individual needs and learning styles of each pupil, and the proposed expenditure of funds available through certain categorical programs.

This bill would authorize a school district that participates in school-based program coordination to establish an alternative education and work center for school dropouts and pupils at risk, at a continuation high school or adult school or to contract with a private nonprofit community-based organization to provide the center. The bill would require the center to teach basic academic skills, operate on a clinical, client-centered basis, and provide programs that include one or more specified elements, including, among others, a combination of classroom instruction and on-the-job training and career counseling and placement services. The bill would require school districts with a center to monitor the quality and effectiveness of the center.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 4950 is added to the Penal Code, to read:

4950.
 The Legislature hereby finds and declares all of the following:
(a) There are more than 1,000 felony sentencing laws and more than 100 felony sentence enhancements across California codes.
(b) States with sentencing commissions have reduced overall crime rates by increasing penalties for the most dangerous offenders and expanding options for community-based sanctions for certain low-level, nonviolent offenders.
(c) California currently lacks a reliable and comprehensive system for collecting and analyzing data related to current and historical sentencing practices.

SEC. 2.

 Section 4953 is added to the Penal Code, to read:

4953.
 (a) (1) The commission shall be composed of 21 members, one of whom shall be the Secretary of the Department of Corrections and Rehabilitation, or his or her designee. One member shall be the Chief Justice of the California Supreme Court, or his or her designee, who shall chair the commission. One member shall be a sitting or retired appellate court justice appointed by the Chief Justice of the California Supreme Court. Two members shall be sitting or retired trial court judges appointed by the Chief Justice of the California Supreme Court. One member shall be the Attorney General. The Governor shall appoint five members: a California district attorney, a county sheriff, an academic expert in criminal justice policy, a chief probation officer, and a representative of crime victims. The Senate Committee on Rules shall appoint three members: an academic expert in criminal justice policy, a legal scholar with expertise in sentencing law, and a county mental health director. The Speaker of the Assembly shall appoint three members: a public defender, a rank and file representative with a minimum of five years experience working in a state adult correctional facility, and a substance abuse expert with substantial experience in offender treatment.
(2) The President pro Tempore of the Senate, the Minority Floor Leader of the Senate, the Speaker of the Assembly, and the Minority Floor Leader of the Assembly shall serve on the commission as ex officio, nonvoting members.
(b) On July 1, 2011, the terms of one sitting or retired trial court judge, the probation officer, the public defender, the district attorney, and the sheriff shall expire. On July 1, 2012, the terms of the sitting or retired appellate court justice, crime victims’ representative, one of the experts in criminal justice, the substance abuse expert, and the county mental health director shall expire. On July 1, 2013, the terms of the other sitting retired trial court judge, the rank and file representative, the legal scholar, and one of the experts in criminal justice shall expire. Successor members shall hold office for terms of three years, each term to commence on the expiration date of the predecessor. Any appointment to a vacancy that occurs for any reason other than the expiration of the term shall be for the remainder of the unexpired term. Members are eligible for reappointment.
(c) The members of the commission shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.
(d) The commission shall establish the following standing committees:
(1) Community corrections.
(2) Sentencing policy and practices.
(3) Post custodial corrections, including parole policies and practices.
(4) Data collection and analysis.
(5) Victims’ interests.
(e) The commission shall establish ad hoc committees as it deems necessary.

SEC. 3.

 Section 4954 is added to the Penal Code, to read:

4954.
 (a) The California Sentencing Commission shall perform the following initial duties:
(1) No later than June 1, 2011, the commission shall promulgate and present to the Legislature an initial set of sentencing and parole rules pursuant to Section 4955. If the Legislature does not reject the rules presented to it by the commission before January 1 of the following year by a statute passed by a majority vote of the Legislature and signed by the Governor, the rules shall become operative on that date.
(2) No later than December 31, 2012, the commission shall prepare a report to the Legislature and the Governor setting forth recommended statutory changes in statutory provisions added or affected by initiative measures necessary to conform those provisions to the requirements of this article.
(b) The California Sentencing Commission shall perform the following ongoing duties:
(1) Promulgate and periodically revise sentencing rules for those crimes and penalties that the Legislature has delegated authority to the commission.
(2) Promulgate and periodically revise parole rules in those areas for which the Legislature has delegated authority to the commission.
(3) Make recommendations to the Legislature for additional statutory changes to criminal laws.
(4) Prepare population projections for the correctional system whenever new sentencing or parole rules, laws, or initiatives affecting criminal law and punishment are proposed.
(5) Serve as a resource and information center with respect to state and local sentencing policy.
(6) Develop information systems to track criminal cases entering the court system; the effects of offense, offender, victim, and case-processing characteristics upon sentences imposed and served; sentencing patterns for the state as a whole and for geographic regions within the state; data on the incidence of and reasons for sentence revocations; and other matters found by the commission to have important bearing on the operation of the sentencing and corrections system.
(7) Collect information on, and, where necessary, conduct periodic surveys of, the correctional populations and resources of the state.
(8) Assemble information on the effectiveness of sentences imposed and served in meeting the purposes set forth in Section 4951.
(9) Investigate the existence of discrimination or inequities in the sentencing and corrections system across geographic areas and population groups, including groups defined by race, ethnicity, and gender, and search for the means to eliminate such discrimination or inequities.
(c) Any sentencing or parole rule or rules promulgated by the commission shall take effect as follows:
(1) Rules shall take effect on January 1 of the year immediately following the year the rules are promulgated if the commission presents the rules to the Legislature on or before June 1, and the Legislature does not reject the rules by a statute passed by a majority vote of each house of the Legislature and signed by the Governor.
(2) Rules shall take effect on January 1 of the year subsequent to the year following the year the rules are promulgated if the commission presents the rules to the Legislature after June 1, and the Legislature does not reject the rules by a statute passed by a majority vote of each house of the Legislature and signed by the Governor.
(3) Rules rejected by the Legislature pursuant to this subdivision shall have no effect of law.
(d) In discharging its responsibilities under this section the commission may do any of the following:
(1) Collect information on all correctional populations in the state.
(2) Survey correctional resources across state and local governments.
(3) Conduct research into crime rates, criminal cases entering the court system, sentences imposed and served for particular offenses, and sentencing patterns for the state as a whole and for geographic regions within the state.
(4) Consult available research and data on the current effectiveness of sentences imposed and served in the jurisdiction as measured against the purposes set forth in Section 4951.
(5) Study the experiences of other jurisdictions with sentencing commissions.
(6) Advise the Legislature of any needed reallocations or additions in correctional resources.
(7) Recommend to the Legislature any statutory changes needed and recommend to the Judicial Council any changes needed in the rules of criminal procedure, to best effectuate the sentencing rules promulgated by the commission.
(8) Identify and prioritize areas where necessary data and research are lacking concerning the operation of the sentencing system, and recommend to the Legislature means by which the commission or other state agencies may be empowered to address those needs.
(e) The commission shall take steps to facilitate the implementation of rules promulgated and operational pursuant to this act. In performing this function, the commission may do any or all of the following:
(1) Develop manuals, forms, and other controls to attain greater consistency in the contents and preparation of presentence reports and sentence reports.
(2) Provide training and assistance to judges, prosecutors, defense attorneys, probation officers, parole officers, and other personnel.
(3) Provide information to government officials, government agencies, the courts, the bar, and the public on sentencing rules, sentencing policies, and sentencing practices.
(4) Produce as needed, manuals, users’ guides, worksheets, summaries of case law, Internet resources, and other materials the commission deems useful to explain and ease the proper application of the rules.
(f) On or before June 1, 2011 and annually thereafter, the commission shall publish a report to the Legislature and the public on the commission’s activities, including data collection and research, reports of any special research undertaken by the commission, and other reports as directed by the Legislature.
(g) The commission shall perform any other functions that may be required by law or that may be necessary to carry out the provisions of this section.
(h) The commission shall develop a correctional population forecasting model to project future sentencing outcomes under existing or proposed legislation, voter initiatives, court orders, administrative actions, and sentencing and parole rules. The commission shall use the model to project sentencing outcomes under existing legislation, voter initiatives, court orders, administrative actions, and sentencing and parole rules. The commission shall also use the model whenever new legislation or voter initiatives affecting criminal punishment are introduced or new or amended sentencing rules are formally promulgated, and shall generate projections of sentencing outcomes if the proposed legislation or initiative or sentencing rule were to take effect. The commission shall make and publish a report to the Legislature and the public with each set of projections generated under this subdivision. Projections under this model shall include anticipated demands upon prisons, jails, and community corrections programs. Whenever the model projects correctional needs exceeding available resources at the state or local level, the commission’s report shall include estimates of new facilities, personnel, and funding that would be required to accommodate those needs. The model shall be designed to project future demographic patterns in sentencing. The commission shall refine the model as needed in light of its past performance and the best available information.
(i) In the event a court of competent jurisdiction orders a reduction in the inmate population, the commission shall develop recommendations on how to best comply with the court’s order. Recommendations developed under this subdivision shall be promulgated as expeditiously as possible. However, these recommendations shall not be binding.
(j) Nothing in this title limits the authority of the Legislature, or the people through the initiative process, to enact legislation that repeals or amends any rule promulgated by the commission that becomes operative.

SEC. 4.

 Section 4955 is added to the Penal Code, to read:

4955.
 (a) The commission shall abide by the following standards in promulgating rules pursuant to Section 4954:
(1) The commission shall establish categories of offenses within the bounds of the authority delegated to it by the Legislature. In establishing categories of offenses, the commission shall endeavor to place offenses with similar attributes in the same category.
(2) Sentencing rules shall set forth presumptive sentences and nonexclusive lists of aggravating and mitigating factors that may be used as grounds for departure from presumptive sentences. Sentencing rules shall provide that a departure sentence may not be based on any factor necessarily comprehended in the elements of the offenses of which the offender has been convicted, and no finding of fact may be used more than once as a ground for departure.
(3) (A) Sentencing rules shall reflect the principle that incarceration is appropriate for those who commit a violent offense and offenders who have a record indicating a pattern of regular or increasingly serious criminal conduct.
(B) The commission shall consider the statutory penalties that existed as of December 31, 2007, prescribed for a similar offender committing a similar offense.
(C) Presumptive sentences shall be proportionate to the gravity of offenses, the harms done to crime victims, the potential deterrent effect of the penalty, and the blameworthiness of offenders, based upon the commission’s collective judgment of appropriate punishments for ordinary cases of the kind governed by each presumptive sentence. Ranges of incarceration terms should be sufficiently narrow to express meaningful distinctions across categories of cases on grounds of proportionality, to promote reasonable uniformity in sentences imposed and served.
(4) The commission shall determine the best formats for expression of presumptive sentences and other rules, which may include one or more grids, narrative statements, or other means of expression.
(5) Rules shall be as simple in their presentation and use as is feasible.
(6) Rules shall include nonbinding commentary to explain the commission’s reasoning underlying each rule, and to assist sentencing courts and other actors in the sentencing system in the use of the rules.
(7) Rules shall address the use of prison, jail, probation, community sanctions, economic sanctions, parole, and other sanction types as found necessary by the commission.
(b) Except as provided in this article, the commission shall give no weight to the following factors when promulgating sentencing rules:
(1) An offender’s race, ethnicity, sexual orientation, national origin, religion, and political affiliation or belief.
(2) Alleged criminal conduct on the part of the offender other than the current offenses of conviction and, consistent with this article, prior convictions and juvenile adjudications.
(c) The commission shall consider the following with respect to the use of criminal history in promulgating sentencing rules:
(1) The commission shall consider the inclusion of criminal histories of defendants as a factor in the determination of presumptive sentences, as an aggravating factor enumerated as a grounds for departure from a presumptive sentence, or as a component of other presumptive provisions.
(2) The commission may consider limitations periods after which offenders’ prior convictions and juvenile adjudications should not be taken into account to enhance a sentence.
(3) The commission shall monitor the effects of sentencing rules concerning criminal history, any legislation incorporating offenders’ criminal history as a factor relevant to sentencing, and the consideration of criminal history by sentencing courts.
(d) The Legislature hereby declares that the best effectuation of the purposes of sentencing will often turn upon the circumstances of individual cases. The rules shall permit sentencing courts to individualize sentencing decisions in light of the purposes in Section 4951, and the rules shall not foreclose the individualization of sentences in light of those considerations.

SEC. 5.

 Section 4958 is added to the Penal Code, to read:

4958.
 If an offense is subject to sentencing rules operative pursuant to this title, the following shall apply:
(a) Sentences for that offense shall be imposed in accordance with the sentencing rules of the commission.
(b) Sentencing rules shall prevail over Sections 1170, 1170.1, and 1170.11.
(c)Any statutory enhancement for which an additional or different term of imprisonment is authorized shall apply unless that provision has been made subordinate to this title.
(d) Nothing in this title shall preclude the application of terms of imprisonment established by any statutory provisions added or amended by initiative acts.
(e) A defendant shall be sentenced in accordance with the sentencing rules in effect on the date the charged offense was committed.

SEC. 6.

 This bill shall become operative only if Senate Bill 110 of the 2007–08 Regular Session is enacted and becomes operative on or before January 1, 2008, and this bill is enacted after Senate Bill 110, in which case Sections 4950, 4953, 4954, 4955, and 4958 of the Penal Code, as added by this bill, shall become operative, and those sections as added by Senate Bill 110 shall not become operative.
SECTION 1.Article 7 (commencing with Section 52900) is added to Chapter 12 of Part 28 of Division 4 of Title 2 of the Education Code, to read:
7.Alternative Education and Work Centers for School Dropouts and Pupils at Risk
52900.

A school district participating in a program established pursuant to this chapter also may establish an alternative education and work center for school dropouts and pupils at risk. An alternative education and work center may be established at a continuation high school or adult school, or the district may contract with a private nonprofit community-based organization to provide the center. An alternative education and work center shall do all of the following:

(a)Teach basic academic skills, with emphasis on the improvement of pupil motivation for achievement in order to obtain employment or pursue higher education.

(b)Operate on a clinical, client-centered basis, including, but not limited to, the following:

(1)Diagnosis of educational abilities.

(2)Determination and setting of individual goals.

(3)Prescribing and providing courses of instruction to meet individual goals.

(4)Evaluating each pupil’s progress in his or her educational program.

(c)Provide programs to include, but not be limited to, one or more of the following:

(1)A combination of classroom instruction and on-the-job training.

(2)Instruction in practical work values and specific vocational skills that reflect labor market demand.

(3)A partnership with labor, business, and community.

(4)Career counseling and placement services.

52901.

Programs established under this article, to the maximum extent feasible, shall do all of the following:

(a)Utilize the resources and expertise of community-based organizations that deal with youth and young adults.

(b)Obtain the active involvement of parents, whenever appropriate, in programs and services for dropouts and pupils at risk.

52902.

School districts that participate in a program established by this article, including where the district contracts with a private nonprofit community-based organization to provide the center, shall monitor the quality and effectiveness of the program established pursuant to this article.