Sentencing: consideration of costs.
Summary
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 Analyst's 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 prosecutor's 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 LAO's 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 prosecutor's 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 board's 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.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Assembly Passage
Jun 2021
Senate Passage
Governor
Introduced Feb 19, 2021
Last action Aug 26, 2021
Floor votes · Assembly Jun 2, 2021
How they voted
53–20
Passed · 6 other
Total votes 79
Jun 2, 2021
D
Democratic59
88% Yea
I
Independent1
100% Yea
R
Republican19
94% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
16
Key actions
7
Committee
10
Aug 26, 2021
Upper · Passed
In committee: Held under submission.
upper
Aug 16, 2021
Committee
In committee: Referred to suspense file.
upper
Jul 14, 2021
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 30, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 1722.) (June 29). Re-referred to Com. on APPR.
upper
Jun 9, 2021
Committee
Referred to Com. on PUB. S.
upper
Jun 2, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 20. Page 1833.)
lower
May 20, 2021
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 4.) (May 20).
lower
May 5, 2021
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 21, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 20). Re-referred to Com. on APPR.
lower
Mar 11, 2021
Committee
Referred to Com. on PUB. S.
lower
Feb 20, 2021
Lower · Passed
From printer. May be heard in committee March 22.
lower
Feb 19, 2021
Introduced
Introduced. To print.
lower
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jesse Gabriel
DDemocratic
Co
Kevin McCarty
DDemocratic
Co
Rebecca Bauer-Kahan
DDemocratic
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