Bill Text: CA AB2168 | 2023-2024 | Regular Session | Amended
Bill Title: Prisons: prosecution of nonfelony offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-22 - Re-referred to Com. on APPR. [AB2168 Detail]
Download: California-2023-AB2168-Amended.html
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Amended
IN
Assembly
April 18, 2024 |
|
Amended
IN
Assembly
March 18, 2024 |
| Introduced by Assembly Member Kalra |
February 07, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Under existing law, a felony is a crime that is punishable by imprisonment in the state prison, or by imprisonment in a county jail for more than one year. Under existing law, a misdemeanor is a crime punishable by less than one year in the county jail.
This bill would require a court, at the time of sentencing and if a court is imposing a prison sentence, to determine the defendant’s anticipated prison stay, as defined, and, if that anticipated stay is for 365 days or fewer, to order that the defendant serve the sentence in the custody of the sheriff or county jail administrator, unless that order is prohibited by an initiative statute. The bill would require specified reports by probation departments to include an estimate of the defendant’s anticipated prison
stay. By imposing additional duties on county jails 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(a)For purposes of this section, “anticipated prison stay” means an estimate of the defendant’s expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations.
(b)In any case where a prison sentence may be imposed, the reports required to be prepared by the probation department pursuant to subdivision (b) of Section 1191.3 and subparagraph (A) of paragraph (2) of subdivision (b) of Section 1203 shall include an estimate of the defendant’s anticipated prison stay.
(c)At the time of sentencing, the court shall cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Sections 2900.5, 2933.1, 2933.2, and 4019.
(d)At the time of sentencing, if the court imposes a prison sentence, the court shall determine the defendant’s anticipated prison stay using the estimate from subdivision (b). The court may disregard the probation department’s estimate from subdivision (b) if it determines the defendant would have a shorter length
of stay than estimated by the probation department.
(e)If the court determines in subdivision (d) that the defendant will serve 365 days or less in state prison, the court shall order that the defendant serve the sentence in the custody of the sheriff or county jail administrator unless that order is prohibited by any initiative statute.
(f)Anyone who remains in the custody of the county sheriff or county jail administrator shall earn credit at either the rate specified in Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulation or authority, or the rates specified in Section 2900.5, subdivision (c) of Section 2933.1, subdivision (c) of Section 2933.2, or Section 4019. The defendant shall earn credit at whichever rate results in a greater accumulation of credit for the defendant. The defendant shall also be eligible for any other credit
earning, work furlough, or similar program available to people in county jail.
SEC. 2.SECTION 1.
Section 1386.1 is added to the Penal Code, to read:1386.1.
(a) A person shall not be subject to prosecution for a nonfelony offense that is pending against that person at the time of that person’s commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, to a county facility as a ward of the juvenile court, or to a county jail pursuant to subdivision (h) of Section 1170.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
