BILL NUMBER: AB 512 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mark Stone
FEBRUARY 23, 2015
An act to amend Section 2933.05 of the Penal Code, relating to
corrections.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 2933.05 of the Penal Code is amended to read:
2933.05. (a) In addition to any credit awarded pursuant to
Section 2933, the department may also award a prisoner program credit
reductions from his or her term of confinement as provided in this
section. Within 90 days of the enactment of this section, the
secretary shall promulgate regulations that provide for credit
reductions for inmates who successfully complete specific program
performance objectives for approved rehabilitative programming
ranging from credit reduction of not less than one week to credit
reduction of no more than six 18 weeks
for each performance milestone. Regulations promulgated pursuant to
this subdivision 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-prison
rehabilitation program. Commencing upon the promulgation of those
regulations, the department shall thereafter calculate and award
credit reductions authorized by this section. However, a prisoner may
not have his or her term of imprisonment reduced more than
six 18 weeks for credits awarded pursuant to
this section during any 12-month period of continuous confinement.
(b) Program credit 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 and available resources. Assignments made to program credit
qualifying programs shall be made in accordance with the prisoner's
case plan, when available.
(c) As used in this section, "approved rehabilitation programming"
shall include, but is not limited to, academic programs, vocational
programs, vocational training, and core programs such as anger
management and social life skills, and substance abuse programs.
(d) Credits awarded pursuant to this section may be forfeited
pursuant to the provisions of Section 2932. Inmates shall not be
eligible for program credits that result in an inmate overdue for
release.
(e) The following prisoners shall not be eligible for program
credits pursuant to this section:
(1) Any person serving a term of imprisonment for an offense
specified in subdivision (c) of Section 667.5.
(2) Any person sentenced to state prison pursuant to Section
1170.12 or subdivisions (b) to (i), inclusive, of Section 667.
(3) Any person required to register as a sex offender pursuant to
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(4) Any person serving a term of imprisonment as a result of a
violation of parole without a new term.
(e) (1) A person serving a term of imprisonment for an offense
specified in subdivision (c) of Section 667.5, or a person sentenced
to state prison pursuant to Section 1170.12 or subdivisions (b) to
(i), inclusive, of Section 667 shall not be eligible for program
credit reductions pursuant to this section that, in combination with
credit reductions pursuant to any other law, are in excess of the
limits imposed by paragraph (5) of subdivision (c) of Section 667 or
paragraph (5) of subdivision (a) of Section 1170.12.
(2) All of the following prisoners shall not be eligible for
program credit reductions pursuant to this section:
(A) A person sentenced to state prison pursuant to Section 667.61
or 667.71.
(B) A person excluded from eligibility pursuant to Section 2933.5
(C) A person serving a life sentence without the possibility of
parole.
(D) A person sentenced to death.
(f) The changes made to subdivision (e) by the act that added this
subdivision apply retroactively.