California 2021-2022 Regular Session

California Assembly Bill AB1474

Introduced
2/19/21  
Introduced
2/19/21  
Refer
3/11/21  
Refer
3/11/21  
Report Pass
4/21/21  
Refer
4/21/21  
Refer
5/5/21  
Report Pass
5/20/21  
Engrossed
6/2/21  
Refer
6/3/21  
Refer
6/9/21  
Report Pass
6/30/21  
Refer
6/30/21  

Caption

Sentencing: consideration of costs.

Impact

The bill mandates that at the time of sentencing, prosecutors must provide an estimate of the costs for incarceration or supervision, which must also be incorporated into presentence reports. The Legislative Analysts Office will compile these costs annually to ensure that consistent and updated figures are available for reference. The intention behind these provisions is to enable all parties in the court system, especially judges, to factor this financial information into their decisions, thereby promoting accountability and potentially mitigating long-term incarceration costs for the state.

Summary

Assembly Bill 1474, introduced by Assembly Member Gabriel, aims to enhance the transparency and accountability of the sentencing process in California's criminal justice system by requiring that the estimated costs of incarceration or supervision for proposed sentences be stated on the record during sentencing. This requirement encourages a comprehensive assessment of the financial implications associated with different sentencing options, allowing judges and the public to be more informed about the costs to taxpayers and the state budget associated with incarceration and probation management.

Contention

While AB 1474 presents notable benefits regarding fiscal accountability, there are concerns about the practicality and implications of this requirement. Some critics may argue that the addition of financial considerations to sentencing could undermine the justice administered by possibly prioritizing cost over rehabilitation or public safety. Furthermore, as the bill imposes additional duties on county probation departments and prosecutors, questions of funding and resources arise, especially if the financial burden is ultimately passed onto local jurisdictions, which may not have the capacity to manage these new reporting requirements without state support. As such, the perceived trade-offs between fiscal responsibility and the tenets of justice present a notable point of contention surrounding this legislation.

Companion Bills

No companion bills found.

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