BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 76
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          SENATE THIRD READING
          SB 76 (Committee on Public Safety)
          As Amended  August 20, 2010
          2/3 vote.  Urgency

           SENATE VOTE :   Vote not relevant
            
           SUMMARY  :  Reduces good-time/work-time credits from one-half to  
          one-third for persons convicted of misdemeanors while confined in  
          a county jail.  Specifically,  this bill  :  

          1)Specifies that a prisoner sentenced to state prison shall  
            receive a one-day credit for each day served in a city or county  
            jail, industrial farm, or road camp unless the record shows that  
            the prisoner refused to satisfactorily perform labor as assigned  
            by the sheriff, chief of police, or superintendent of an  
            industrial farm or road camp, or did not satisfactorily comply  
            with the rule and regulations of that jail, farm or road camp.  

          2)Specifies that a prisoner sentenced to state prison shall not  
            receive day-for-day credit while confined in a city or county  
            jail, industrial farm, or road camp if he or she is required to  
            register as a sex offender, as specified, or has a conviction  
            for a serious or violent felony, as specified.  

          3)States that specified prisoners of a city or county jail,  
            industrial farm, or road camp shall receive a deduction of two  
            days from his or her period of confinement for each six days he  
            or she is confined unless he or she has refused to  
            satisfactorily perform labor as assigned by the sheriff, chief  
            of police, or superintendent of an industrial farm or road camp,  
            or did not satisfactorily comply with the rule and regulations  
            of that jail, farm or road camp.  Specified prisoners include  
            those confined to any city or county jail, industrial farm, or  
            road camp:

             a)   Under a judgment of imprisonment, or a fine and  
               imprisonment until the fine is paid in a criminal action or  
               proceeding; 

             b)   As a condition of probation under suspension of imposition  
               of a sentence or suspension of execution of sentence, in a  
               criminal action or proceeding; 

             c)   For a definite period of time for contempt pursuant to a  
               proceeding, other than a criminal action or proceeding; or,







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             d)   Following arrest and prior to the imposition of sentence  
               for a felony conviction.

          4)Specifies that no deduction may be made unless the specified  
            prisoner is committed for six days or longer.  

          5)Specifies that changes in the way credit is awarded is  
            prospective, and shall only apply to those confined for a crime  
            committed after the effective date of this act.  

          6)States that changes made to the manner in which credits are  
            awarded shall not affect the modifications made to the credit  
            awarding system in the previous year.  

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee analysis:

          1)Moderate annual General Fund (GF) costs, potentially in excess  
            of several hundred thousand dollars, to the extent:

             a)   Increasing county jail overcrowding increases the need for  
               new jail construction and the attendant costs of bond debt.   
               For example, there is about $600 million remaining in the AB  
               900 (Solorio), Chapter 7, Statutes of 2007, authority for  
               county jail construction.  To the extent this authority is  
               used, there will be state GF costs to pay off the bond.  For  
               example, at about $115,000 per bed, the cost of paying off  
               1,000 additional new jail bed would be about $230 million or  
               $7.5 million per year; and,

             b)   This bill reduces state/local options by adding to the  
               existing county jail overcrowding, which makes it more  
               difficult to divert lower security state offenders to the  
               local level.  For example, the Governor estimated his  
               proposal to establish a local block grant to help offset the  
               costs of transferring about 11,000 state inmates (average  
               daily population) with less than three years to serve to  
               local control would save about $244 million.  Increasing the  
               local jail population does not make such restructuring  
               easier.

          2)Moderate non-reimbursable local incarceration costs, potentially  
            in the low millions of dollars to the extent county jail inmates  
            serve additional time as a result of reduced credits.  Every  
            additional 100 months served costs about $240,000.  Because of  







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            overcrowding, thousands of county inmates are released early so  
            the impact of reducing credits is not as severe as it would be  
            otherwise.

           COMMENTS  :   According to the author, "This bill restores the jail  
          inmate credits that existed before the enactment of the prison  
          reform bill passed last year.

          "Incidental to one of the prison reforms in SBx3 18 from last year  
          - credits for  prison  
          inmates - were changes to credits for  jail  inmates.  For many  
          years, county jail inmates could earn enough credits to reduce  
          their jail sentence by up to one-third.  SB 18x increased these  
          jail credits to make them consistent with the credit rules for  
          state prison inmates.

          "After SBx3 18 went into effect, we learned that its jail credit  
          changes would have the unintended effect of undercutting the  
          community corrections effort launched by a bill I co-authored last  
          year with our former colleague, Senator Benoit, SB 678.

          "Part of that community corrections model involves judges using  
          county jail time as an intermediate sanction short of prison.  By  
          reducing available jail time, judges could be faced with an  
          inadequate custodial alternative to state prison.  The last thing  
          we want to do is fast-track offenders out of community corrections  
          into prison.

          "This bill addresses this concern by restoring the credits  
          available for jail inmates under the law prior to the enactment of  
          SBx3 18.  This bill does not affect the prison inmate credit  
          reforms enacted by SBx3 18."

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Milena Nelson / PUB. S. / (916) 319-3744 
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