Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 512


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 amended, 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 ofbegin delete the limits imposed by the Three Strikes Law.end deletebegin insert specified limits.end insert 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:

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SECTION 1.  

Section 2933.05 of the Penal Code is amended
2to read:

3

2933.05.  

(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 than 18 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
P3    1rehabilitation program. Commencing upon the promulgation of
2those regulations, the department shall thereafter calculate and
3award credit reductions authorized by this section. However, a
4prisoner may not have his or her term of imprisonment reduced
5more than 18 weeks for credits awarded pursuant to this section
6during any 12-month period of continuous confinement.

7(b) Program credit is a privilege, not a right. Prisoners shall
8have a reasonable opportunity to participate in program credit
9qualifying assignments in a manner consistent with institutional
10security and available resources. Assignments made to program
11credit qualifying programs shall be made in accordance with the
12prisoner’s case plan, when available.

13(c) As used in this section, “approved rehabilitation
14programming” shall include, but is not limited to, academic
15programs, vocational programs, vocational training, and core
16programs such as anger management and social life skills, and
17substance abuse programs.

18(d) Credits awarded pursuant to this section may be forfeited
19pursuant to the provisions of Section 2932. Inmates shall not be
20eligible for program credits that result in an inmate overdue for
21release.

22(e) (1) A person serving a term of imprisonment for an offense
23specified in subdivision (c) of Sectionbegin delete 667.5, or aend deletebegin insert 667.5 is not
24eligible for program credit reductions pursuant to this section that,
25in combination with credit reductions pursuant to any other law,
26are in excess of the limits imposed by Section 2933.1.end insert

27begin insert(2)end insertbegin insertend insertbegin insertAend insert person sentenced to state prison pursuant to Section
281170.12 or subdivisions (b) to (i), inclusive, of Section 667begin delete shallend delete
29begin insert isend insert notbegin delete beend delete eligible for program credit reductions pursuant to this
30section that, in combination with credit reductions pursuant to any
31other law, are in excess of the limits imposed by paragraph (5) of
32subdivision (c) of Section 667 or paragraph (5) of subdivision (a)
33of Section 1170.12.

begin delete

34(2)

end delete

35begin insert(3)end insert All of the following prisonersbegin delete shallend deletebegin insert areend insert notbegin delete beend delete eligible for
36program credit reductions pursuant to this section:

37(A) A person sentenced to state prison pursuant to Section
38667.61 or 667.71.

39(B) A person excluded from eligibility pursuant to Section
402933.5

P4    1(C) A person serving a life sentence without the possibility of
2parole.

3(D) A person sentenced to death.

4(f) The changes made to subdivision (e) by the act that added
5this subdivision apply retroactively.



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