| 1 | | - | Amended IN Senate March 30, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 957Introduced by Senator McGuireFebruary 10, 2020 An act to amend Section 1209.5 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTSB 957, as amended, McGuire. Infractions: 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 the persons family.This bill would additionally authorize the court to allow a person to participate in educational programs, as specified, programs to satisfy community service hours.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendants family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.(b) For purposes of this section, the term total fine means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.(c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).(d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the persons residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.(e) (1)If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.(2)In determining whether to permit a person to participate in educational programs to satisfy community service hours, the court shall consider the persons current employment, economic status, and educational attainment, whether the person is presently enrolled in an educational program, the persons ability to successfully complete the program, and the persons access to transportation.(3)Participatory hours in educational programs shall be credited at the same rate as other community service hours. Participation shall be verified by the court. If the educational program is graded, a passing grade shall be required for participation hours to be credited.(4)As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs. |
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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 957Introduced by Senator McGuireFebruary 10, 2020 An act to amend Section 1209.5 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTSB 957, as introduced, McGuire. Infractions: 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 the persons family.This bill would additionally authorize the court to allow a person to participate in educational programs, as specified, to satisfy community service hours.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendants family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.(b) For purposes of this section, the term total fine means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.(c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).(d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the persons residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.(e) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.(2) In determining whether to permit a person to participate in educational programs to satisfy community service hours, the court shall consider the persons current employment, economic status, and educational attainment, whether the person is presently enrolled in an educational program, the persons ability to successfully complete the program, and the persons access to transportation.(3) Participatory hours in educational programs shall be credited at the same rate as other community service hours. Participation shall be verified by the court. If the educational program is graded, a passing grade shall be required for participation hours to be credited.(4) As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 37 | 37 | | |
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| 38 | 38 | | 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 law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendants family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.(b) For purposes of this section, the term total fine means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.(c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).(d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the persons residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.(e) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.(2) In determining whether to permit a person to participate in educational programs to satisfy community service hours, the court shall consider the persons current employment, economic status, and educational attainment, whether the person is presently enrolled in an educational program, the persons ability to successfully complete the program, and the persons access to transportation.(3) Participatory hours in educational programs shall be credited at the same rate as other community service hours. Participation shall be verified by the court. If the educational program is graded, a passing grade shall be required for participation hours to be credited.(4) As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 1209.5 of the Penal Code is amended to read:1209.5. (a) Notwithstanding any other law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendants family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.(b) For purposes of this section, the term total fine means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.(c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).(d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the persons residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.(e) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.(2) In determining whether to permit a person to participate in educational programs to satisfy community service hours, the court shall consider the persons current employment, economic status, and educational attainment, whether the person is presently enrolled in an educational program, the persons ability to successfully complete the program, and the persons access to transportation.(3) Participatory hours in educational programs shall be credited at the same rate as other community service hours. Participation shall be verified by the court. If the educational program is graded, a passing grade shall be required for participation hours to be credited.(4) As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs. |
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| 46 | 46 | | SECTION 1. Section 1209.5 of the Penal Code is amended to read: |
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| 47 | 47 | | |
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| 48 | 48 | | ### SECTION 1. |
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| 49 | 49 | | |
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| 50 | 50 | | 1209.5. (a) Notwithstanding any other law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendants family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.(b) For purposes of this section, the term total fine means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.(c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).(d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the persons residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.(e) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.(2) In determining whether to permit a person to participate in educational programs to satisfy community service hours, the court shall consider the persons current employment, economic status, and educational attainment, whether the person is presently enrolled in an educational program, the persons ability to successfully complete the program, and the persons access to transportation.(3) Participatory hours in educational programs shall be credited at the same rate as other community service hours. Participation shall be verified by the court. If the educational program is graded, a passing grade shall be required for participation hours to be credited.(4) As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs. |
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| 51 | 51 | | |
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| 52 | 52 | | 1209.5. (a) Notwithstanding any other law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendants family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.(b) For purposes of this section, the term total fine means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.(c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).(d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the persons residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.(e) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.(2) In determining whether to permit a person to participate in educational programs to satisfy community service hours, the court shall consider the persons current employment, economic status, and educational attainment, whether the person is presently enrolled in an educational program, the persons ability to successfully complete the program, and the persons access to transportation.(3) Participatory hours in educational programs shall be credited at the same rate as other community service hours. Participation shall be verified by the court. If the educational program is graded, a passing grade shall be required for participation hours to be credited.(4) As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs. |
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| 53 | 53 | | |
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| 54 | 54 | | 1209.5. (a) Notwithstanding any other law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendants family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.(b) For purposes of this section, the term total fine means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.(c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).(d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the persons residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.(e) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.(2) In determining whether to permit a person to participate in educational programs to satisfy community service hours, the court shall consider the persons current employment, economic status, and educational attainment, whether the person is presently enrolled in an educational program, the persons ability to successfully complete the program, and the persons access to transportation.(3) Participatory hours in educational programs shall be credited at the same rate as other community service hours. Participation shall be verified by the court. If the educational program is graded, a passing grade shall be required for participation hours to be credited.(4) As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs. |
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| 57 | 57 | | |
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| 58 | 58 | | 1209.5. (a) Notwithstanding any other law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendants family, to elect to perform community service in lieu of the total fine that would otherwise be imposed. |
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| 59 | 59 | | |
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| 60 | 60 | | (b) For purposes of this section, the term total fine means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant. |
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| 61 | 61 | | |
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| 62 | 62 | | (c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code. |
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| 63 | 63 | | |
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| 64 | 64 | | (2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1). |
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| 65 | 65 | | |
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| 66 | 66 | | (d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the persons residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties. |
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| 67 | 67 | | |
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| 68 | 68 | | (2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete. |
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| 69 | 69 | | |
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| 70 | 70 | | (e) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours. |
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| 71 | 71 | | |
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| 72 | 72 | | (2) In determining whether to permit a person to participate in educational programs to satisfy community service hours, the court shall consider the persons current employment, economic status, and educational attainment, whether the person is presently enrolled in an educational program, the persons ability to successfully complete the program, and the persons access to transportation. |
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| 73 | 73 | | |
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