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F I S C A L I M P A C T R E P O R T

SPONSOR:	Sanchez		DATE TYPED:	2/11/03		HB
SHORT TITLE:		Reimbursements By Probationers				SB	163/a SJC
					ANALYST:		Maloy

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY03	FY04	FY03	FY04
			NFI

SOURCES OF INFORMATION

Responses Received From

Criminal/Juvenile Justice Coordinating Council

Office of the District Attorney

SUMMARY

Synopsis of SJC Amendment

The Senate Judiciary Committee has amended SB 163 as follows:

1. On Page 3, Line 19, after “to” strike the remainder of the line and insert in lieu thereof “one of the following programs that is within the territorial jurisdiction of the court, that directly relates to the crime for which the defendant was placed on probation and that is operated by or under the control of the state or a political subdivision of the state:”

2. On Page 3, strike Lines 20 through 22, and strike line 23 through the semicolon, and insert thereafter:

(1) a local crime stopper program,

(2) a local drug abuse resistance education program;

(3) a local domestic violence shelter;

(4) a local substance abuse treatment program; or

(5) a local sex offender treatment program.

The Senate Rules Committee’s amendment does two things. First, it ties the type of program to which the defendant on probation is required to make payments to the type of crime the defendant committed. Second, the amendment adds more options for programs to which payment may be required.

Synopsis of Original Bill

SB 163 expands the number of programs currently eligible to receive reimbursement payments from probationers. The added programs include:

• A non-profit domestic violence shelter,
• An alcohol or substance abuse treatment program, or
• A sex offender treatment program.

Under current law, a defendant, upon conviction, is required to pay: (1) the amount of any reward paid by an agency or program for information leading to his arrest, prosecution or conviction, and (2) the actual costs of his supervised probation service. A defendant may also be required to:

• Provide support for persons for whom the defendant is legally responsible (i.e., minor dependants and the like),

• Undergo medical or psychiatric treatment,

• Undergo on-going supervision and guidance through the adult probation and parole division,
• Serve time in a volunteer labor program (i.e., “community service”), or

• Contribute not less than $10.00 and not more than $100.00, in monthly installments of not less than $5.00, to a local crime stopper program or a local drug abuse resistance education program.

SB 163 adds a non-profit domestic violence shelter, an alcohol or substance abuse treatment program and a sex offender treatment program to the options a defendant may be required to contribute not less than $10.00 and not more than $100.00.

FISCAL IMPLICATIONS

SB 163 does not contain an appropriation. Any additional administrative functions can be absorbed by the existing staffing and budget levels.

SJM/prr