Bill Text: CA AB2392 | 2009-2010 | Regular Session | Amended
Bill Title: Inmates: incentive credits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-12 - Re-referred to Com. on PUB. S. [AB2392 Detail]
Download: California-2009-AB2392-Amended.html
BILL NUMBER: AB 2392 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Torrico
FEBRUARY 19, 2010
An act to amend Section 3050 Sections
2933, 2933.3, and 2933.6 of the Penal Code, relating to parole.
LEGISLATIVE COUNSEL'S DIGEST
AB 2392, as amended, Torrico. Parole: substance abuse
programs. Inmates: incentive credits.
Existing law provides that it is the intent of the Legislature
that persons sentenced to prison for a determinate sentence serve the
entire sentence imposed by the court, except for a reduction in the
time served in the custody of the Secretary of the Department of
Corrections and Rehabilitation, as specified. Existing law provides
that except regarding certain prisoners who are limited to 15% credit
against sentenced time, for every 6 months of continuous
incarceration, a prisoner shall be awarded credit reductions from his
or her term of confinement of 6 months. Existing law provides that
prisoners who are denied the opportunity to earn credits for the
commission of specified crimes or misconduct shall be awarded no
credit reduction pursuant to these provisions.
The bill would instead provide that, except for those prisoners
subject to the 15% limitation on credits noted above, for every 6
months of full-time performance in a credit qualifying program, a
prisoner shall be awarded credit reductions of 6 months. The bill
would provide that prisoners who refuse to accept a full-time credit
qualifying assignment shall be awarded no credit reduction. The bill
would provide for the earning of credit reductions for prisoners who
voluntarily accept a half-time credit qualifying assignment and
prisoners who are willing to participate in a full-time credit
qualifying assignment but who are either not assigned to a full-time
assignment or are assigned to a program for less than full-time.
Existing law places a limit on the number of days of lost credit
that may be restored for the commission or attempted commission of
certain crimes by prisoners.
This bill would provide that in order for the limitation on the
restoration of credits to apply, the crime committed or attempted
must be a felony.
The bill would make other conforming changes.
Existing law provides that any inmate under the custody of the
Department of Corrections and Rehabilitation who is not currently
serving and has not served a sentence for certain crimes, who has
successfully completed an in prison drug treatment program, upon
release from state prison, shall, whenever possible, be entered into
a residential aftercare drug treatment program, as specified.
This bill would make a nonsubstantive change to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2933 of the Penal
Code is amended to read:
2933. (a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison under Section
1170 serve the entire sentence imposed by the court, except for a
reduction in the time served in the custody of the Secretary of the
Department of Corrections and Rehabilitation pursuant to
this section and Section 2933.05 for active
participation in work, training, education, or substance abuse
programs established by the secretary. Worktime credits shall apply
for performance in work assignments and performance in elementary,
high school, or vocational education programs. Enrollment in a two-
or four-year college program leading to a degree shall result in the
application of time credits equal to that provided in
Section 2931 .
(b) For
For every six months of continuous
incarceration full-time performance in a credit
qualifying program, as designated by the secretary , a prisoner
shall be awarded worktime credit reductions from his or
her term of confinement of six months. A lesser amount of credit
based on this ratio shall be awarded for any lesser period of
continuous incarceration. Credit performance.
Less than maximum credit should be awarded pursuant to
regulations adopted by the secretary for prisoners not assigned
to a full-time credit qualifying program . Prisoners
who are Every prisoner who refuses to accept a
full-time credit qualifying assignment or who is denied the
opportunity to earn worktime credits pursuant to
subdivision (a) of Section 2932 shall be awarded no worktime
credit reduction pursuant to this section .
Every prisoner who voluntarily accepts a half-time credit
qualifying assignment in lieu of a full-time assignment shall be
awarded worktime credit reductions from his or her term of
confinement of three months for each six-month period of continued
performance. Except as provided in subdivision (a) of Section 2932,
every prisoner willing to participate in a full-time credit
qualifying assignment but who is either not assigned to a full-time
assignment or is assigned to a program for less than full-time, shall
receive no less credit than is provided under Section 2931.
Under no circumstances shall any prisoner receive more than six
months' credit reduction for any six-month period under this section.
(c)
(b) Credit Worktime credit
is a privilege, not a right. Credit
Worktime credit must be earned and may be forfeited pursuant to
the provisions of Section 2932. Except as provided in subdivision
(a) of Section 2932, every eligible prisoner shall have a reasonable
opportunity to participate in a full-time credit qualifying
assignment in a manner consistent with institutional security and
available resour ces .
(d)
(c) Under regulations adopted by the Department of
Corrections and Rehabilitation, which shall require a period of not
more than one year free of disciplinary infractions, worktime
credit which has been previously forfeited may be restored by
the secretary. The regulations shall provide for separate
classifications of serious disciplinary infractions as they relate to
restoration of credits, the time period required before forfeited
credits or a portion thereof may be restored, and the percentage of
forfeited credits that may be restored for these time periods. For
credits forfeited for commission of a felony as specified
in paragraph (1) of subdivision (a) of Section 2932, the Department
of Corrections and Rehabilitation may provide that up to 180 days of
lost credit shall not be restored and up to 90 days of credit shall
not be restored for a forfeiture resulting from conspiracy or
attempts to commit one of those acts. No credits may be restored if
they were forfeited for a serious disciplinary infraction in which
the victim died or was permanently disabled. Upon application of the
prisoner and following completion of the required time period free of
disciplinary offenses, forfeited credits eligible for restoration
under the regulations for disciplinary offenses other than serious
disciplinary infractions punishable by a credit loss of more than 90
days shall be restored unless, at a hearing, it is found that the
prisoner refused to accept or failed to perform in a credit
qualifying assignment, or extraordinary circumstances are present
that require that credits not be restored. "Extraordinary
circumstances" shall be defined in the regulations adopted by the
secretary. However, in any case in which worktime credit
was forfeited for a serious disciplinary infraction punishable by a
credit loss of more than 90 days, restoration of credit shall be at
the discretion of the secretary.
The prisoner may appeal the finding through the Department of
Corrections and Rehabilitation's review procedure, which shall
include a review by an individual independent of the institution who
has supervisorial authority over the institution.
(e) A prisoner sentenced to the state prison under Section 1170
shall receive one day of credit for every day served in a county
jail, city jail, industrial farm, or road camp after the date he or
she was sentenced to the state prison as specified in subdivision (f)
of Section 4019.
(f)
(d) The provisions of subdivision (d)
(c) shall also apply in cases of credit
forfeited under Section 2931 for offenses and serious disciplinary
infractions occurring on or after January 1, 1983.
SEC. 2. Section 2933.3 of the Penal
Code is amended to read:
2933.3. (a) Notwithstanding any other law, any inmate assigned to
a conservation camp by the Department of Corrections and
Rehabilitation, who is eligible to earn one day of worktime
credit for every one day of incarceration
service pursuant to Section 2933 shall instead earn two
days of worktime credit for every one day of service.
The The enhanced worktime
credit authorized pursuant to this subdivision shall only apply to
those prisoners eligible service performed
after January 1, 2003.
(b) Notwithstanding any other law, any inmate who has completed
training for assignment to a conservation camp or to a correctional
institution as an inmate firefighter or who is assigned to a
correctional institution as an inmate firefighter and who is eligible
to earn one day of credit for every one day of incarceration
pursuant to Section 2933 shall instead earn two days of credit for
every one day served in that assignment or after completing that
training.
(c) In addition to credits granted pursuant to subdivision (a) or
(b), inmates who have successfully completed training for firefighter
assignments shall receive a credit reduction from his or her term of
confinement pursuant to regulations adopted by the secretary.
(d) The credits authorized in subdivisions (b) and (c) shall only
apply to inmates who are eligible after July 1, 2009.
SEC. 3. Section 2933.6 of the Penal
Code is amended to read:
2933.6. (a) Notwithstanding any other law, a person who is placed
in a Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or an Administrative Segregation Unit for misconduct
described in subdivision (b) or upon validation as a prison gang
member or associate is ineligible to earn work credits or good
behavior credits pursuant to Section 2933 or 2933.05 during the
time he or she is in the Security Housing Unit, Psychiatric Services
Unit, Behavioral Management Unit, or the Administrative Segregation
Unit for that misconduct.
(b) This section applies to the following offenses:
(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
(2) Manslaughter.
(3) Assault or battery causing serious bodily injury.
(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
(5) Assault with a deadly weapon or caustic substance.
(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
(7) Taking a hostage.
(8) Escape or attempted escape with force or violence.
(9) Escape from any departmental prison or institution other than
a camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive
device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material with intent to
burn any structure or property.
(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.
(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.
(c) This section does not apply if the administrative finding of
the misconduct is overturned or if the person is criminally
prosecuted for the misconduct and is found not guilty.
SECTION 1. Section 3050 of the Penal Code is
amended to read:
3050. (a) Notwithstanding any other provision of law, an inmate
under the custody of the Department of Corrections and Rehabilitation
who is not currently serving and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a sex
offender pursuant to Section 290, who has successfully completed an
in prison drug treatment program, upon release from state prison,
shall, whenever possible, be entered into a 150-day residential
aftercare drug treatment program sanctioned by the department.
(b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
(c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.
