AB 512, as introduced, Mark Stone. Corrections: program credit reductions.
Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Except as provided, existing law requires that for every 6 months of continuous incarceration, a state prisoner be awarded credit reductions from his or her term of confinement of 6 months. Existing law authorizes an award to the prisoner of up to 6 weeks of additional credit during any 12-month period of continuous confinement for the prisoner’s successful completion of certain programs offered by the department.
This bill would increase the number of weeks of additional program credit reductions that may be awarded to a prisoner pursuant to the provision described above from 6 to 18.
Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, prohibits the total amount of credits awarded to certain recidivist offenders from exceeding one-fifth of the total term of imprisonment imposed. Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act, adopted November 7, 2006, commonly known as Jessica’s Law, requires a person convicted of certain felonies under specified circumstances to be committed to prison for a term of years to life. Existing law excludes certain prisoners from eligibility for the additional program credit reduction provision described above, including any person convicted of, or sentenced to state prison pursuant to provisions relating to, specified serious or violent felonies, any person required to register as a sex offender, and any person serving a term of imprisonment as a result of a violation of parole without a new term.
This bill would revise the exclusion described above by instead providing that specified prisoners, including, among others, a person serving a life sentence without the possibility of parole, a person sentenced to death, and a person sentenced pursuant to the provisions of Jessica’s Law described above, are not eligible for program credit reductions. The bill would also provide that a person convicted of, or sentenced to state prison pursuant to provisions relating to, specified serious or violent felonies is not eligible to receive program credit reductions that, in combination with credit reductions pursuant to any other law, are in excess of the limits imposed by the Three Strikes Law. The bill would specify that these changes apply retroactively.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2933.05 of the Penal Code is amended
2to read:
(a) In addition to any credit awarded pursuant to
4Section 2933, the department may also award a prisoner program
5credit reductions from his or her term of confinement as provided
6in this section. Within 90 days of the enactment of this section,
7the secretary shall promulgate regulations that provide for credit
8reductions for inmates who successfully complete specific program
9performance objectives for approved rehabilitative programming
10ranging from credit reduction of not less than one week to credit
11reduction of no more thanbegin delete sixend deletebegin insert 18end insert weeks for each performance
12milestone. Regulations promulgated pursuant to this subdivision
13shall specify
the credit reductions applicable to distinct objectives
14in a schedule of graduated program performance objectives
15concluding with the successful completion of an in-prison
16rehabilitation program. Commencing upon the promulgation of
17those regulations, the department shall thereafter calculate and
P3 1award credit reductions authorized by this section. However, a
2prisoner may not have his or her term of imprisonment reduced
3more thanbegin delete sixend deletebegin insert 18end insert weeks for credits awarded pursuant to this section
4during any 12-month period of continuous confinement.
5(b) Program credit is a privilege, not a right. Prisoners shall
6have a reasonable opportunity to participate in program credit
7qualifying assignments in a manner consistent with institutional
8security and available
resources. Assignments made to program
9credit qualifying programs shall be made in accordance with the
10prisoner’s case plan, when available.
11(c) As used in this section, “approved rehabilitation
12programming” shall include, but is not limited to, academic
13programs, vocational programs, vocational training, and core
14programs such as anger management and social life skills, and
15substance abuse programs.
16(d) Credits awarded pursuant to this section may be forfeited
17pursuant to the provisions of Section 2932. Inmates shall not be
18eligible for program credits that result in an inmate overdue for
19release.
20(e) The following prisoners shall not be eligible for program
21credits pursuant to this section:
22(1) Any person serving a term of imprisonment for an offense
23specified in subdivision (c) of Section 667.5.
24(2) Any person sentenced to state prison pursuant to Section
251170.12 or subdivisions (b) to (i), inclusive, of Section 667.
26(3) Any person required to register as a sex offender pursuant
27to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
281.
29(4) Any person serving a term of imprisonment as a result of a
30violation of parole without a new term.
31(e) (1) A person serving a term of imprisonment for an offense
32specified in subdivision (c) of Section 667.5, or a person sentenced
33to state prison pursuant to Section 1170.12 or subdivisions (b) to
34(i), inclusive, of Section 667 shall not be eligible for program credit
35reductions pursuant to this section that, in combination with credit
36reductions pursuant to any other law, are in excess of the limits
37imposed by paragraph (5) of subdivision (c) of Section 667 or
38paragraph (5) of subdivision (a) of Section 1170.12.
39(2) All of the following prisoners shall not be eligible for
40program credit reductions pursuant to this section:
P4 1(A) A person sentenced to state prison pursuant to Section
2667.61 or 667.71.
3(B) A person excluded from eligibility pursuant to Section 2933.5
end insertbegin insert
4(C) A person serving a life sentence without the possibility of
5parole.
6(D) A person sentenced to death.
end insertbegin insert
7(f) The changes made to subdivision (e) by the act that added
8this subdivision apply retroactively.
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