Sentencing: community service: education programs.

Existing law authorizes a court to sentence a person convicted of an infraction to perform community service in lieu of the total fine, as defined, that would otherwise be imposed, upon a showing that payment of the total fine would pose a hardship on the defendant or his or her family. Existing law requires the defendant to perform community service at the hourly rate applicable to community service work performed by criminal defendants. This bill would authorize a person convicted of an infraction, a misdemeanor for failure to appear or pay bail for specified violations, or who has suffered a civil assessment for failure to appear, to perform community service in the defendant's county of residence in lieu of part or all of the fine or assessment imposed by participating in specified educational programs. The bill would specify that the court has discretion in determining whether the defendant has successfully completed his or her educational program. To the extent that the bill would expand the scope of persons performing community service and would increase the supervisory duties of county officials, the 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.