BILL ANALYSIS Ó
AB 624
Page 1
Date of Hearing: April 2, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 624 (Mitchell) - As Introduced: February 20, 2013
SUMMARY : Authorizes a sheriff to award a prisoner program
credit reduction from an inmate's term of confinement for the
successful completion of performance objectives for approved
rehabilitative programming. Specifically, this bill :
1)Provides that in addition to credit awarded for good behavior,
a sheriff may also award a prisoner program credit reduction
from his or her term of confinement. A sheriff who elects to
participate in this program shall provide guidelines for
credit reductions for inmates who successfully complete
specific programming performance objectives for approved
rehabilitative programming, including, but not limited to,
credit reductions of not less than one week to credit
reduction of not more than six weeks for each performance
milestone.
2)States that regulations promulgated by the sheriff shall
specify the credit reductions applicable to distinct
objectives in a schedule of graduated program performance
objectives concluding with the successful completion of an
in-custody rehabilitation program. Commencing upon the
approval of these guidelines, the sheriff shall thereafter
calculate and award credit reductions as authorized. A
prisoner may not have his or her term reduced by more than six
weeks for credits awarded during any 12-month period of
continuous confinement.
3)States that program credits is a privilege, not a right.
Prisoners shall have a reasonable opportunity to participate
in program credit qualifying assignments in a manner
consistent with institutional security, available resources,
and guidelines set forth by the sheriff.
4)Provides that "approved rehabilitation programming" shall
include, but is not limited to, academic programs, vocational
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programs, vocational training, substance abuse programs, and
core programs such as anger management and social life skills.
5)Provides that additional credits awarded may be forfeited, as
specified. Inmates shall not be eligible for program credits
that result in an inmate being overdue for release.
6)Specifies that only inmates sentenced to the county jail
pursuant to realignment are eligible for prisoner program
credit reductions.
EXISTING LAW :
1)Provides that for each four-day period in which a prisoner is
confined in or committed to the county jail, two days shall be
deducted from the period of confinement if the prisoner has
satisfactorily performed labor as assigned and complied with
the rules and regulations ("good-time" and participation
credits). (Penal Code Section 4019.)
2)Allows the California Department of Corrections and
Rehabilitation (CDCR), with specific exceptions, to reduce the
sentence of a person committed to CDCR by one-third for good
behavior and participation, and may reduce the sentence by as
much as one-half for participation in one-half-time credit
qualifying assignments or educational programs. (Penal Code
Sections 2931 and 2933.)
3)Provides that in addition to "good time" and participation
credits CDCR may also award a prisoner program credit
reduction from his or her term of confinement of not less than
one week to credit reduction of not more than six weeks for
each performance milestone. (Penal Code Section 2933.05.)
4)Allows the board of supervisors of any county to authorize the
sheriff to offer a voluntary program under which any person
committed to a local correctional facility may participate in
a work release program, as specified, in which one day of
participation will be in lieu of one day of confinement.
[Penal Code Section 4024.2(a).]
5)Provides that the board of supervisors may prescribe
reasonable rules and regulations under which the work release
program is operated. Requires a participant to sign a written
promise to appear and agree to be immediately taken into
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custody by the sheriff to serve the balance of his or her
sentence if he or she fails to appear at the time and place
assigned. [Penal Code Section 4024.2(c).]
6)States that a sheriff shall not be required to assign a person
to a work release program if it appears from the record that
the person has refused to satisfactorily perform as assigned
or has not satisfactorily complied with the rules and
regulations. A person shall only be eligible for work release
if the sheriff concludes that the person is a fit subject
therefore. [Penal Code Section 4024.2(d).]
7)Provides that the total amount of credits awarded under the
"three-strikes" law shall not exceed 20% of the total term of
imprisonment imposed and not accrue until the defendant is
physically placed in state prison. [Penal Code Section
667(c)(5).]
8)Provides that any person convicted of a "violent" felony, as
specified, shall accrue no more than 15% work-time credit.
[Penal Code Section 2933.1(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill was
introduced on behalf of Los Angeles County Sheriff Lee Baca
and sheriff's throughout the State who are adjusting to their
new duties and responsibilities placed upon them as a result
of realignment. As part of this adjustment, we as a
legislature must ensure that our sheriffs have all the tools
at their disposal to help incentivize inmates to participate
in educational and substance abuse programs. This bill will
ensure that when these inmates are released back into our
communities they have new skills and better prospects for
employment, which in turn, will hopefully reduce recidivism
and make our communities safer for all.
2)Argument in Support : The Los Angeles County Sheriff's
Department writes, "This bill provides inmates in the county
jail the opportunity to earn additional credits for successful
completion of rehabilitation programs including educational
and vocational. Under current law, 'CDCR is authorized to
provide up to six weeks of credit during any twelve month
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period of incarceration of an inmate for the successful
completion of a rehabilitation
officer.' "
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County Sheriff's Department (Sponsor)
California State Sheriffs Association (Co-Sponsor)
American Civil Liberties Union
California Public Defenders Association
County of Santa Cruz
California Attorneys for Criminal Justice
National Association of Social Workers, California Chapter
Sheriff, Shasta County
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744