Bill Text: CA SCA17 | 2017-2018 | Regular Session | Introduced

California Senate Constitutional Amendment 17 (Prior Session Legislation)

Introduced

Bill Title: Parole consideration: nonviolent felony offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-09 - April 17 set for first hearing canceled at the request of author. [SCA17 Detail]

Download: California-2017-SCA17-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Constitutional Amendment

No. 17

Introduced by Senator Nielsen

February 21, 2018

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 32 of Article I thereof, relating to parole.

LEGISLATIVE COUNSEL'S DIGEST

SCA 17, as introduced, Nielsen. Parole consideration: nonviolent felony offenses.

The California Constitution makes a person convicted of a nonviolent felony offense and sentenced to state prison eligible for parole consideration after completing the full term of his or her primary offense.

This measure would exclude from this parole consideration requirement a person who was previously convicted of a violent felony.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2017–18 Regular Session commencing on the fifth day of December, 2016, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

That Section 32 of Article I thereof is amended to read:

SEC. 32.

(a) ~~The following provisions are hereby~~ This section is enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law:

(1) Parole Consideration: ~~Any~~ A person convicted of a nonviolent felony offense and sentenced to state prison ~~shall be~~ is eligible for parole consideration after completing the full term for his or her primary ~~offense.~~ offense, unless that person was previously convicted of a violent felony in California or convicted of an offense in any other state that would constitute a violent felony in California.

(A) For purposes of this section only, the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.

(2) Credit Earning: The Department of Corrections and Rehabilitation ~~shall have authority to~~ may award credits earned for good behavior and approved rehabilitative or educational achievements.

(b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of ~~these provisions,~~ this section, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.