STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 1823 and 2390

with Assembly Floor Amendments

(Proposed By Assemblyman O'TOOLE)

ADOPTED: MARCH 13, 1997

      The purpose of these Assembly amendments is:

(1) to afford counties and municipalities an option in determining the amount an inmate or detainee will be charged for his incarceration or detention. As reported by the Assembly Law and Public Safety Committee, the amount due and payable would be established by calculating the per capita costs of care and maintenance in the facility and establishing a graduated schedule based on those calculations. These Assembly amendments permit the county or municipality simply to establish a nominal fee to be assessed against an inmate or detainee;

      (2) to clarify that a county or municipality is not obligated to have a lien against the property or income of an inmate available to it under the bill; and

      (3) to clarify that a detainee is liable for the costs of his detention if found guilty. As reported by the committee, the provision establishing a detainee's liability included the phrase "if found guilty of the offense for which he was detained." The phrase was removed to avoid problems which might arise if the detainee, as a result of a plea bargain, was found guilty of an offense other than the one for which he was initially detained.