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.