BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 624
          Author:   Mitchell (D), et al.
          Amended:  5/24/13 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 or county director of  
          corrections, in addition to credit awarded for good behavior, to  
          also award a prisoner program credit reductions from his/her  
          term of confinement, as specified.

           Senate Floor Amendments  of 5/24/13 add that the provisions of  
          the bill may be utilized by a "county director of corrections"  
          in addition to a "sheriff."

           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  
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             has satisfactorily performed labor as assigned and complied  
             with the rules and regulations. 

          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.

          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 or county director of corrections may  
             also award a prisoner program credit reduction from his/her  

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             term of confinement.  A sheriff or county director of  
             corrections 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. Requires that guidelines adopted by a sheriff or county  
             director of corrections 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 or county director of  
             corrections 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)

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          Los Angeles Sheriff's Department (source)
          Alameda County Sheriff-Coroner
          Amador County Sheriff-Coroner
          California Attorneys for Criminal Justice
          California Catholic Conference
          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, 4/15/13
          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  5/28/13   Senate Floor Analyses 

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                           SUPPORT/OPPOSITION:  SEE ABOVE

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