Assembly Bill No. 2167 CHAPTER 775 An act to add Section 17.2 to the Penal Code, relating to crimes. [ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 2167, Kalra. Crimes: alternatives to incarceration.Existing law prescribes punishments, including incarceration, for various criminal offenses. Existing law provides guidelines for sentencing based on these prescribed punishments, including allowing a court to impose the highest term specified when a statute prescribes 3 possible terms of incarceration only if there are circumstances in aggravation.This bill would require a court to consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation. The bill would additionally state that it is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.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. The Legislature finds and declares all of the following:(a) Californias overreliance on incarceration has failed to improve public safety while disproportionately harming vulnerable and marginalized communities.(b) California can safely reduce the number of people behind bars by making greater use of alternatives to incarceration, which often lead to better outcomes than incarceration, including reduced rearrest rates, better economic outcomes, and reduced racial disparities.(c) Victims and survivors of violent crime report greater satisfaction when the case is resolved through restorative justice than do victims and survivors whose case is resolved through the traditional criminal court process.(d) The California Committee on Revision of the Penal Code has recommended that California adopt a Penal Code section stating that alternatives to incarceration shall be considered in every case, similar to existing law in the federal system and in other states.(e) It is the intent of the Legislature that the court presiding over a criminal matter impose an alternative to incarceration, except where incarceration is necessary to prevent physical injury to others or the interests of justice would best be served by incarceration.SEC. 2. Section 17.2 is added to the Penal Code, to read:17.2. (a) It is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.(b) The court presiding over a criminal matter shall consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation.(c) The court shall have the discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council.
Assembly Bill No. 2167 CHAPTER 775 An act to add Section 17.2 to the Penal Code, relating to crimes. [ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 2167, Kalra. Crimes: alternatives to incarceration.Existing law prescribes punishments, including incarceration, for various criminal offenses. Existing law provides guidelines for sentencing based on these prescribed punishments, including allowing a court to impose the highest term specified when a statute prescribes 3 possible terms of incarceration only if there are circumstances in aggravation.This bill would require a court to consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation. The bill would additionally state that it is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Assembly Bill No. 2167 CHAPTER 775
Assembly Bill No. 2167
CHAPTER 775
An act to add Section 17.2 to the Penal Code, relating to crimes.
[ Approved by Governor September 29, 2022. Filed with Secretary of State September 29, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2167, Kalra. Crimes: alternatives to incarceration.
Existing law prescribes punishments, including incarceration, for various criminal offenses. Existing law provides guidelines for sentencing based on these prescribed punishments, including allowing a court to impose the highest term specified when a statute prescribes 3 possible terms of incarceration only if there are circumstances in aggravation.This bill would require a court to consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation. The bill would additionally state that it is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.
Existing law prescribes punishments, including incarceration, for various criminal offenses. Existing law provides guidelines for sentencing based on these prescribed punishments, including allowing a court to impose the highest term specified when a statute prescribes 3 possible terms of incarceration only if there are circumstances in aggravation.
This bill would require a court to consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation. The bill would additionally state that it is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Californias overreliance on incarceration has failed to improve public safety while disproportionately harming vulnerable and marginalized communities.(b) California can safely reduce the number of people behind bars by making greater use of alternatives to incarceration, which often lead to better outcomes than incarceration, including reduced rearrest rates, better economic outcomes, and reduced racial disparities.(c) Victims and survivors of violent crime report greater satisfaction when the case is resolved through restorative justice than do victims and survivors whose case is resolved through the traditional criminal court process.(d) The California Committee on Revision of the Penal Code has recommended that California adopt a Penal Code section stating that alternatives to incarceration shall be considered in every case, similar to existing law in the federal system and in other states.(e) It is the intent of the Legislature that the court presiding over a criminal matter impose an alternative to incarceration, except where incarceration is necessary to prevent physical injury to others or the interests of justice would best be served by incarceration.SEC. 2. Section 17.2 is added to the Penal Code, to read:17.2. (a) It is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.(b) The court presiding over a criminal matter shall consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation.(c) The court shall have the discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Californias overreliance on incarceration has failed to improve public safety while disproportionately harming vulnerable and marginalized communities.(b) California can safely reduce the number of people behind bars by making greater use of alternatives to incarceration, which often lead to better outcomes than incarceration, including reduced rearrest rates, better economic outcomes, and reduced racial disparities.(c) Victims and survivors of violent crime report greater satisfaction when the case is resolved through restorative justice than do victims and survivors whose case is resolved through the traditional criminal court process.(d) The California Committee on Revision of the Penal Code has recommended that California adopt a Penal Code section stating that alternatives to incarceration shall be considered in every case, similar to existing law in the federal system and in other states.(e) It is the intent of the Legislature that the court presiding over a criminal matter impose an alternative to incarceration, except where incarceration is necessary to prevent physical injury to others or the interests of justice would best be served by incarceration.
SECTION 1. The Legislature finds and declares all of the following:(a) Californias overreliance on incarceration has failed to improve public safety while disproportionately harming vulnerable and marginalized communities.(b) California can safely reduce the number of people behind bars by making greater use of alternatives to incarceration, which often lead to better outcomes than incarceration, including reduced rearrest rates, better economic outcomes, and reduced racial disparities.(c) Victims and survivors of violent crime report greater satisfaction when the case is resolved through restorative justice than do victims and survivors whose case is resolved through the traditional criminal court process.(d) The California Committee on Revision of the Penal Code has recommended that California adopt a Penal Code section stating that alternatives to incarceration shall be considered in every case, similar to existing law in the federal system and in other states.(e) It is the intent of the Legislature that the court presiding over a criminal matter impose an alternative to incarceration, except where incarceration is necessary to prevent physical injury to others or the interests of justice would best be served by incarceration.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Californias overreliance on incarceration has failed to improve public safety while disproportionately harming vulnerable and marginalized communities.
(b) California can safely reduce the number of people behind bars by making greater use of alternatives to incarceration, which often lead to better outcomes than incarceration, including reduced rearrest rates, better economic outcomes, and reduced racial disparities.
(c) Victims and survivors of violent crime report greater satisfaction when the case is resolved through restorative justice than do victims and survivors whose case is resolved through the traditional criminal court process.
(d) The California Committee on Revision of the Penal Code has recommended that California adopt a Penal Code section stating that alternatives to incarceration shall be considered in every case, similar to existing law in the federal system and in other states.
(e) It is the intent of the Legislature that the court presiding over a criminal matter impose an alternative to incarceration, except where incarceration is necessary to prevent physical injury to others or the interests of justice would best be served by incarceration.
SEC. 2. Section 17.2 is added to the Penal Code, to read:17.2. (a) It is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.(b) The court presiding over a criminal matter shall consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation.(c) The court shall have the discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council.
SEC. 2. Section 17.2 is added to the Penal Code, to read:
### SEC. 2.
17.2. (a) It is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.(b) The court presiding over a criminal matter shall consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation.(c) The court shall have the discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council.
17.2. (a) It is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.(b) The court presiding over a criminal matter shall consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation.(c) The court shall have the discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council.
17.2. (a) It is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.(b) The court presiding over a criminal matter shall consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation.(c) The court shall have the discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council.
17.2. (a) It is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.
(b) The court presiding over a criminal matter shall consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation.
(c) The court shall have the discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council.