California 2021-2022 Regular Session

California Assembly Bill AB2138

Introduced
2/15/22  
Refer
2/24/22  
Refer
2/24/22  
Report Pass
3/24/22  
Refer
3/28/22  
Refer
3/28/22  
Refer
4/19/22  

Caption

Domestic violence: probation: sobriety-monitoring pilot program.

Impact

The bill proposes a three-year pilot program in Los Angeles, requiring comprehensive evaluations pertaining to the efficacy and cost of implementing the monitoring program. It aims to assist in reducing the prevalence of domestic violence, with the backdrop of evidence indicating that a significant proportion of such cases involve alcohol consumption. The California Legislature recognizes alcohol as a considerable contributing factor to domestic violence incidents, noting statistics indicating that as many as 73% of cases involve an alcohol component.

Summary

Assembly Bill 2138, introduced by Assembly Member Muratsuchi, aims to amend the Penal Code to establish a sobriety-monitoring program for individuals convicted of domestic violence offenses in California. The bill mandates that defendants placed on probation for domestic violence, specifically those whose offenses involved alcohol, must participate in the sobriety-monitoring program. This program is particularly directed at defendants with a history of alcohol abuse or prior domestic violence convictions, making participation conditional unless the court deems otherwise in the interests of justice.

Sentiment

The sentiment surrounding AB 2138 appears to be cautiously optimistic among its proponents, who argue that enhanced monitoring could lead to better outcomes in domestic violence cases and ultimately protect victims more effectively. However, there are potential concerns regarding the feasibility of enforcing such a monitoring program and the implications it might have on judicial workloads and resources. Critics may argue that while the intent is noble, execution may face significant hurdles.

Contention

Notable points of contention related to this bill may revolve around the balance between effective punishment and rehabilitation for offenders. Some stakeholders might view mandatory monitoring as an important step towards accountability, while others fear that it could exacerbate issues within an already burdened judicial system. Additionally, the necessity of the pilot program’s evaluation after three years may prompt discussions on its effectiveness and implications for future statewide policies regarding domestic violence interventions.

Companion Bills

No companion bills found.

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