BILL NUMBER: AB 300	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Simitian

                        FEBRUARY 16, 2001

   An act to amend Section 4019 of the Penal Code, relating to
criminal law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 300, as introduced, Simitian.  Criminal law: imprisonment.
   Existing law provides that for prisoners confined to jail or
similar local facilities, for each 6 days of confinement, one day
shall be deducted from the period of confinement for each day the
prisoner complies with the rules, and one day shall be deducted from
the period of confinement for each day the prisoner satisfactorily
performs labor.
   This bill would provide that, for persons sentenced to prison
pursuant to provisions applicable to persons who have previously been
convicted of certain felonies, the maximum credit that may be earned
against a period of confinement in, or commitment to, a jail or
similar facility following arrest and prior to placement in the
custody of the Director of Corrections, shall not exceed 20% of the
actual period of confinement, as specified.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4019 of the Penal Code is amended to read:
   4019.  (a) The provisions of this section shall apply in all of
the following cases except as provided in subdivision (g)  :

   (1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
   (2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
   (3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.

   (4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
   (b) Subject to the provisions of subdivision (d), for each six-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her period of confinement unless it appears by the record that the
prisoner has refused to satisfactorily perform labor as assigned by
the sheriff, chief of police, or superintendent of an industrial farm
or road camp.
   (c) For each six-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent  of an industrial farm or road
camp.
   (d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
   (e) No deduction may be made under this section unless the person
is committed for a period of six days or longer.
   (f) It is the intent of the Legislature that if all days are
earned under this section, a term of six days will be deemed to have
been served for every four days spent in actual custody.  
   (g) Unless another statute provides for fewer credits or no
credits, in the case of a defendant sentenced pursuant to
subdivisions (b) to (i), inclusive, of Section 667 or Section
1170.12, the maximum credit that may be earned against a period of
confinement in, or commitment to, a county jail, industrial farm, or
road camp, or a city jail, industrial farm, or road camp, following
arrest and prior to placement in the custody of the Director of
Corrections, shall not exceed 20 percent of the actual period of
confinement.