BILL NUMBER: AB 160	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lieber

                        JANUARY 18, 2007

   An act to add Article 2 (commencing with Section 1171) to Chapter
4.5 of Title 7 of Part 2 of the Penal Code, relating to sentencing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 160, as introduced, Lieber. California Sentencing Commission.
   Existing law prescribes various penalties for criminal offenses.
   This bill would establish the California Sentencing Commission,
with specified membership and terms, to devise sentencing guidelines.
The bill would also create a Judicial Advisory Committee composed of
judges, as specified, to assist the commission.
   This bill would also require the commission to submit to the
Legislature, on or before January 1, 2009, a report containing
sentencing guidelines, as specified. The sentencing guidelines
contained in the report would become effective on May 1, 2009, unless
the Legislature provides otherwise.
   This bill would also require the commission, beginning on January
1, 2011, to issue a subsequent report every 2 years to the
Legislature containing revisions or modifications of the sentencing
guidelines, if any. The revisions or modifications to the sentencing
guidelines contained in these reports would become effective on May 1
of the year the report is issued unless the Legislature provides
otherwise.
   This bill would also provide that it shall not affect sentences
established by an initiative adopted by the voters at a statewide
election.
   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.  Article 2 (commencing with Section 1171) is added to
Chapter 4.5 of Title 7 of Part 2 of the Penal Code, to read:

      Article 2.  California Sentencing Commission


   1171.  There is in state government the California Sentencing
Commission. The commission shall consist of 16 members.
   (a) The following four members are ex officio members:
   (1) The Attorney General.
   (2) The Director of the Department of Corrections and
Rehabilitation.
   (3) The Director of the Department of Finance.
   (4) The State Public Defender.
   (b) The Governor shall appoint five members as follows:
   (1) One prosecuting attorney.
   (2) One chief of police or sheriff.
   (3) One public member who is not and has not ever been an
attorney, judge, or law enforcement officer.
   (4) One person who is serving as an adult parole or probation
officer, or who has served in that capacity.
   (5) One public member.
   (c) The Speaker of the Assembly shall appoint three members as
follows:
   (1) One public member who is not and has not ever been an
attorney, judge, or law enforcement officer.
   (2) One prosecuting attorney.
   (3) One public member who is currently active in criminology
research or academia in California.
   (d) The Senate Committee on Rules shall appoint three members as
follows:
   (1) One public member who is not and has not ever been an
attorney, judge, or law enforcement officer.
   (2) One public defender.
   (3) One faculty member of a law school within this state.
   (e) The Chief Justice of the California Supreme Court shall serve
as the permanent chairperson of the commission. All other members of
the commission, except ex officio members, shall serve terms of four
years and until their successors are appointed and confirmed.
However, of the initial members, those designated in paragraphs (1)
and (2) of subdivision (b), paragraph (1) of subdivision (c), and
paragraph (1) of subdivision (d) shall be appointed for terms of four
years; those designated in paragraphs (3) and (4) of subdivision
(b), paragraph (2) of subdivision (c), and paragraph (2) of
subdivision (d) shall be appointed for terms of three years; and
those designated in paragraph (5) of subdivision (b), paragraph (3)
of subdivision (c), and paragraph (3) of subdivision (d) shall be
appointed for terms of two years.
   (f) The members of the commission shall be reimbursed for travel
and other expenses actually and necessarily incurred by them in the
performance of their duties under this article.
   (g) There shall also be a Judicial Advisory Committee, composed of
four superior court judges and two appellate court judges to be
appointed by the Judicial Council. The advisory committee shall
assist the commission in the ways that the commission determines.
   1171.1.  The commission shall appoint an executive director and a
chief of research both of whom shall be exempt from civil service
classification. The commission shall employ a full-time staff, who
shall be civil service employees. The staff shall be of sufficient
size and with sufficient resources to accomplish the duties of the
commission.
   1171.2.  (a) The commission shall devise sentencing guidelines.
   (b) The commission shall review the history of determinate and
indeterminate sentencing in this state, including constitutional
questions that have been considered by the courts, and shall consider
the use of indeterminate sentencing and alternatives to prison for
nonserious, nonviolent offenders.
   (c) The commission shall use existing minimum terms as a guideline
for setting new minimums.
   (d) The commission shall devise a system of granting and
rescinding sentence credits based upon individual inmate treatment
plans.
   (e) The commission shall regularly conduct studies and monitor the
prison system's present and future capacity, and make these reports
available to the Legislature, the Governor, and the public. The
commission shall take prison system capacity into account as one of
the factors in devising its sentencing guidelines, and shall
accompany any reports or recommendations to the Legislature on
sentencing guidelines with figures on the impact they will have on
prison population and prison capacity.
   (f) The commission shall analyze legislation that would modify
sentencing and provide data and recommendations to the Legislature.
   1171.3.  (a) By January 1, 2009, the commission shall submit to
the Legislature a report containing the sentencing guidelines
developed pursuant to subdivision (a) of Section 1171.2. In preparing
the report, the commission may hold public hearings and shall
consider the comments of legislators and members of the public.
   (b) Every two years beginning January 1, 2011, the commission
shall issue a report to the Legislature containing revisions or
modifications to the sentencing guidelines, if any. If implementation
of the guidelines would result in exceeding the capacity of the
correctional facilities, then the commission shall accompany its
reports with additional revisions and modifications that are
consistent with the capacity of the correctional facilities.
   (c) The sentencing guidelines contained in the initial report
prepared pursuant to subdivision (a) shall become effective on May 1,
2009, unless the Legislature provides otherwise. The revisions or
modifications to the sentencing guidelines contained in subsequent
reports prepared pursuant to subdivision (b) shall become effective
on May 1 of the year the report is issued unless the Legislature
provides otherwise.
   1171.4.  The sentencing guidelines of the commission shall not
apply retrospectively.
   1171.5.  Nothing in Sections 1171.3 and 1171.4 shall affect
sentences established by an initiative adopted by the voters at a
statewide election.