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.