BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 624|
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THIRD READING
Bill No: AB 624
Author: Mitchell (D), et al.
Amended: 5/7/13 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 5/14/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
ASSEMBLY FLOOR : 48-22, 4/15/13 - See last page for vote
SUBJECT : County jail: rehabilitation credits
SOURCE : Los Angeles Sheriffs Department
DIGEST : This bill authorizes a sheriff, in addition to credit
awarded for good behavior, to also award a prisoner program
credit reductions from his/her term of confinement, as
specified.
ANALYSIS :
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.
2. Allows the California Department of Corrections and
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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.
3. Provides that in addition to "good time" and participation
credits CDCR may also award a prisoner program credit
reduction from his/her term of confinement of not less than
one week to credit reduction of not more than six weeks for
each performance milestone.
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.
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 custody by the sheriff to serve the balance of his/her
sentence if he/she fails to appear at the time and place
assigned.
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.
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/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
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limited to, credit reductions of not less than one week to
credit reduction of not more than six weeks for each
performance milestone.
2. Requires that guidelines adopted by a sheriff must 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. Upon adopting the guidelines, the
sheriff shall thereafter calculate and award credit
reductions as authorized. A prisoner may not have his/her
term reduced by more than six weeks for credits awarded
during any 12-month period of continuous confinement.
3. States that program credits are 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
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/15/13)
Los Angeles Sheriff's Department (source)
Alameda County Sheriff-Coroner
Amador County Sheriff-Coroner
California Attorneys for Criminal Justice
California Catholic Conference
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California Public Defenders Association
California State Sheriff's Association
Californians for Safety and Justice
Lassen County Sheriff
National Association of Social Workers - California Chapter
Orange County Sheriff-Coroner
Santa Barbara County Sheriff-Coroner
Santa Cruz County Sheriff-Coroner
Taxpayers for Improving Public Safety
Yolo County Sheriff-Coroner
ARGUMENTS IN SUPPORT : According to the author, "Under current
law, an inmate sentenced to the State Prison may earn additional
time credits by successfully completing various programs such as
educational, vocational and substance abuse programs. However,
these incentives are not available to those convicted of a
felony and sentenced to the county jail. This bill would allow
a sheriff to award such credits upon completion of such
programs."
ASSEMBLY FLOOR : 48-22, 04/15/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chesbro, Daly, Dickinson, Eggman,
Fong, Frazier, Garcia, Gatto, Gomez, Gordon, Hall, Roger
Hernández, Holden, Jones-Sawyer, Levine, Medina, Mitchell,
Mullin, Muratsuchi, Nazarian, Pan, V. Manuel Pérez, Quirk,
Rendon, Skinner, Stone, Ting, Torres, Weber, Wieckowski,
Williams, Yamada, John A. Pérez
NOES: Allen, Bigelow, Chávez, Conway, Dahle, Donnelly, Beth
Gaines, Gorell, Grove, Hagman, Jones, Linder, Logue,
Maienschein, Mansoor, Melendez, Morrell, Nestande, Patterson,
Wagner, Waldron, Wilk
NO VOTE RECORDED: Cooley, Fox, Gray, Harkey, Lowenthal, Olsen,
Perea, Quirk-Silva, Salas, Vacancy
JG:d 5/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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