| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1474Introduced by Assembly Member Gabriel(Coauthor: Assembly Member McCarty)February 19, 2021 An act to add Section 1191.5 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 1474, as introduced, Gabriel. Sentencing: consideration of costs.Existing law, generally, provides for the punishment of persons guilty of a criminal offense, as specified, including incarceration in the state prison or a county jail. Existing law requires the court in a criminal case to appoint a time for pronouncing judgment within 20 days after a plea, finding, or verdict of guilty.This bill would require a prosecuting attorney, at sentencing, to state on the record the estimated cost of incarceration or supervision for any proposed sentence.This bill would also require a county probation department, if preparing a presentence report, to provide the court with specified information regarding the estimated and projected cost of incarceration or other supervision of the defendant as has been proposed in the recommended sentence.The bill would require the court, during sentencing, to state on the record, the estimated cost of the sentence imposed.This bill would require the Legislative Analysts Office (LAO) to annually compile the average annual costs of incarceration and postincarceration supervision for an inmate under the supervision of the Department of Corrections and Rehabilitation, and to provide that information to prosecutors officers and the chief probation officer of each county. The bill would also require the LAO to provide this information to the public on the LAOs internet website.This bill would require the Board of State and Community Corrections to annually compile the annual costs of incarceration and noncustodial supervision for a person under the supervision of each county sheriff or probation department, and to provide the information to prosecutors officers and the chief probation officer of each county. The bill would also require the board to provide this information to the public on the boards internet website.By requiring additional duties of prosecutors and probation departments, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows: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 Analysts 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 Analysts 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 prosecutors 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 Analysts 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 prosecutors office and the chief probation officer of each county, and shall make the information available to the public by posting it on the boards 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. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1474Introduced by Assembly Member Gabriel(Coauthor: Assembly Member McCarty)February 19, 2021 An act to add Section 1191.5 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 1474, as introduced, Gabriel. Sentencing: consideration of costs.Existing law, generally, provides for the punishment of persons guilty of a criminal offense, as specified, including incarceration in the state prison or a county jail. Existing law requires the court in a criminal case to appoint a time for pronouncing judgment within 20 days after a plea, finding, or verdict of guilty.This bill would require a prosecuting attorney, at sentencing, to state on the record the estimated cost of incarceration or supervision for any proposed sentence.This bill would also require a county probation department, if preparing a presentence report, to provide the court with specified information regarding the estimated and projected cost of incarceration or other supervision of the defendant as has been proposed in the recommended sentence.The bill would require the court, during sentencing, to state on the record, the estimated cost of the sentence imposed.This bill would require the Legislative Analysts Office (LAO) to annually compile the average annual costs of incarceration and postincarceration supervision for an inmate under the supervision of the Department of Corrections and Rehabilitation, and to provide that information to prosecutors officers and the chief probation officer of each county. The bill would also require the LAO to provide this information to the public on the LAOs internet website.This bill would require the Board of State and Community Corrections to annually compile the annual costs of incarceration and noncustodial supervision for a person under the supervision of each county sheriff or probation department, and to provide the information to prosecutors officers and the chief probation officer of each county. The bill would also require the board to provide this information to the public on the boards internet website.By requiring additional duties of prosecutors and probation departments, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Assembly Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 1474 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Assembly Member Gabriel(Coauthor: Assembly Member McCarty)February 19, 2021 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Assembly Member Gabriel(Coauthor: Assembly Member McCarty) |
|---|
| 18 | 18 | | February 19, 2021 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to add Section 1191.5 to the Penal Code, relating to criminal procedure. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | AB 1474, as introduced, Gabriel. Sentencing: consideration of costs. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Existing law, generally, provides for the punishment of persons guilty of a criminal offense, as specified, including incarceration in the state prison or a county jail. Existing law requires the court in a criminal case to appoint a time for pronouncing judgment within 20 days after a plea, finding, or verdict of guilty.This bill would require a prosecuting attorney, at sentencing, to state on the record the estimated cost of incarceration or supervision for any proposed sentence.This bill would also require a county probation department, if preparing a presentence report, to provide the court with specified information regarding the estimated and projected cost of incarceration or other supervision of the defendant as has been proposed in the recommended sentence.The bill would require the court, during sentencing, to state on the record, the estimated cost of the sentence imposed.This bill would require the Legislative Analysts Office (LAO) to annually compile the average annual costs of incarceration and postincarceration supervision for an inmate under the supervision of the Department of Corrections and Rehabilitation, and to provide that information to prosecutors officers and the chief probation officer of each county. The bill would also require the LAO to provide this information to the public on the LAOs internet website.This bill would require the Board of State and Community Corrections to annually compile the annual costs of incarceration and noncustodial supervision for a person under the supervision of each county sheriff or probation department, and to provide the information to prosecutors officers and the chief probation officer of each county. The bill would also require the board to provide this information to the public on the boards internet website.By requiring additional duties of prosecutors and probation departments, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Existing law, generally, provides for the punishment of persons guilty of a criminal offense, as specified, including incarceration in the state prison or a county jail. Existing law requires the court in a criminal case to appoint a time for pronouncing judgment within 20 days after a plea, finding, or verdict of guilty. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | This bill would require a prosecuting attorney, at sentencing, to state on the record the estimated cost of incarceration or supervision for any proposed sentence. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | This bill would also require a county probation department, if preparing a presentence report, to provide the court with specified information regarding the estimated and projected cost of incarceration or other supervision of the defendant as has been proposed in the recommended sentence. |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | The bill would require the court, during sentencing, to state on the record, the estimated cost of the sentence imposed. |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | This bill would require the Legislative Analysts Office (LAO) to annually compile the average annual costs of incarceration and postincarceration supervision for an inmate under the supervision of the Department of Corrections and Rehabilitation, and to provide that information to prosecutors officers and the chief probation officer of each county. The bill would also require the LAO to provide this information to the public on the LAOs internet website. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | This bill would require the Board of State and Community Corrections to annually compile the annual costs of incarceration and noncustodial supervision for a person under the supervision of each county sheriff or probation department, and to provide the information to prosecutors officers and the chief probation officer of each county. The bill would also require the board to provide this information to the public on the boards internet website. |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | By requiring additional duties of prosecutors and probation departments, this bill would impose a state-mandated local program. |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | ## Digest Key |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | ## Bill Text |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | The people of the State of California do enact as follows: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 Analysts 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 Analysts 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 prosecutors 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 Analysts 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 prosecutors office and the chief probation officer of each county, and shall make the information available to the public by posting it on the boards 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. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | The people of the State of California do enact as follows: |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | ## The people of the State of California do enact as follows: |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | 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 Analysts 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 Analysts 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 prosecutors 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 Analysts 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 prosecutors office and the chief probation officer of each county, and shall make the information available to the public by posting it on the boards internet website.(g) Subdivisions (a) through (d), inclusive, of this section shall become operative on July 1, 2022. |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | SECTION 1. Section 1191.5 is added to the Penal Code, to read: |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | ### SECTION 1. |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | 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 Analysts 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 Analysts 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 prosecutors 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 Analysts 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 prosecutors office and the chief probation officer of each county, and shall make the information available to the public by posting it on the boards internet website.(g) Subdivisions (a) through (d), inclusive, of this section shall become operative on July 1, 2022. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | 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 Analysts 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 Analysts 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 prosecutors 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 Analysts 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 prosecutors office and the chief probation officer of each county, and shall make the information available to the public by posting it on the boards internet website.(g) Subdivisions (a) through (d), inclusive, of this section shall become operative on July 1, 2022. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | 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 Analysts 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 Analysts 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 prosecutors 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 Analysts 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 prosecutors office and the chief probation officer of each county, and shall make the information available to the public by posting it on the boards internet website.(g) Subdivisions (a) through (d), inclusive, of this section shall become operative on July 1, 2022. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | 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. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (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. |
|---|
| 75 | 75 | | |
|---|
| 76 | 76 | | (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 Analysts Office or the Board of State and Community Corrections, as applicable, pursuant to subdivision (e) or (f). |
|---|
| 77 | 77 | | |
|---|
| 78 | 78 | | (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. |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | (e) The Legislative Analysts 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 prosecutors 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 Analysts Office. |
|---|
| 81 | 81 | | |
|---|
| 82 | 82 | | (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 prosecutors office and the chief probation officer of each county, and shall make the information available to the public by posting it on the boards internet website. |
|---|
| 83 | 83 | | |
|---|
| 84 | 84 | | (g) Subdivisions (a) through (d), inclusive, of this section shall become operative on July 1, 2022. |
|---|
| 85 | 85 | | |
|---|
| 86 | 86 | | 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. |
|---|
| 87 | 87 | | |
|---|
| 88 | 88 | | 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. |
|---|
| 89 | 89 | | |
|---|
| 90 | 90 | | 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. |
|---|
| 91 | 91 | | |
|---|
| 92 | 92 | | ### SEC. 2. |
|---|