Paper Trail’s list of prison-related legislation implemented in 2025
By Amber Bray and Kanoa Harris-Pengdang
Every year on January 1, many laws go into effect. Whether a law was created through the state legislature by a Senate or Assembly bill or is approved by the voters via a ballot proposition, changes to California’s legal landscape generally become effective on New Year’s Day.
California is welcoming the new year with various new laws that will impact incarcerated individuals, from restitution fines to menstrual product access. Below are summaries of these new laws and the impact they could have.
AB 1186: Restitution Fines
Assembly Bill (AB) 1186 will go into effect on Jan. 1, 2025. AB 1186, authored by Assemblymember Mialisa Bonta, created Penal Code § 1465.9(c), which amends one aspect of restitution collection in the state of California.
Current law allows a judge, as part of a sentence, to order a defendant to pay restitution via direct restitution orders (Penal Code § 1202.4(f)), via restitution fines (Penal Code § 1202.4(b)), or both. Direct restitution orders are assessed when a victim has suffered economic loss as a result of the defendant’s conduct. The money collected via this section is supposed to go directly to the victim(s) in order to provide compensation for the losses they suffered.
Restitution fines, on the other hand, shall be set at the discretion of the court and must be proportionate with the seriousness of the offense. For felonies, the fine shall not be less than $300 and not more than $10,000. For misdemeanors, the fine shall not be less than $150 and not more than $1,000. For felonies, the court shall impose the restitution fine unless it finds compelling and extraordinary reasons not to do so.
Pursuant to newly created Penal Code § 1465.9(c), once 10 years have passed since a person was sentenced, any remaining amount an individual owes on a restitution fine cannot be collected.
According to the Prison Law Office — a Berkeley-based nonprofit public interest law firm — any uncollectible restitution fines should automatically be written off and no longer collected in accord with the new laws.
In other words, restitution payments should stop automatically if an individual in CDCR custody meets the criteria established by AB 1186, without any action on their part.
Importantly, money that has already been paid towards a restitution fine prior to AB 1186 going into effect will not be refunded. (See People v Clark, (2021) 67 Cal.App.5th 248. People v Lopez-Vinck, (2021) 68 Cal. App.5th 945; and People v Greeley, (2021) 70 Cal.App.5th 609.)
AB 2310: Language Access in Parole Hearings
Another bill that will go into effect is AB 2310, written by Assemblymember Gregg Hart. AB 2310 adds section 3041.8 to the Penal Code and will require the Board of Parole Hearings (BPH) to translate notices into the five most common languages spoken by incarcerated persons.
The notices that will be translated are those that advise incarcerated individuals of their rights during the parole hearing process, provide procedural information about the parole hearing process, provide information on how to file a grievance for a denial of rights under the Americans with Disabilities Act, and petitions to advance a parole hearing.
AB 1986: Banned Books
AB 1986, authored by Assemblymember Isaac Bryan, pertains to books, magazines, newspapers and periodicals banned by CDCR. AB 1986 requires that the Office of the Inspector General (OIG) post the Centralized List of Disapproved Publications to OIG’s website. The bill also authorizes OIG, upon request, to review publications on the list to determine if OIG agrees with CDCR’s determination that the publication violates CDCR rules.
AB 1810: Menstrual Products
Penal Code 3049 was amended by AB 1810, also written by Bryan. AB 1810 requires incarcerated persons who menstruate or experience uterine or vaginal bleeding to have ready access to menstrual products (i.e. sanitary pads and tampons) without having to request them.
A suggestion from Paper Trail’s Editor-in-Chief Amber Bray and Managing Editor Kanoa Harris-Pengdang: if an individual is unsure whether they have a restitution fine that is affected by AB 1186, they can refer to their sentencing report and abstract of judgment to verify what penal code is listed.
If anyone has questions or opinions regarding any of these legislative changes, individuals are encouraged to write to Paper Trail so their voices can be heard.
