BILL ANALYSIS Ó
AB 512
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Date of Hearing: April 7, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
512 (Mark Stone) - As Introduced February 23, 2015
SUMMARY: Increases from six weeks to 18 weeks the maximum
additional program credits that may be awarded to a state prison
inmate during any 12 month period of continuous incarceration
for the successful completion of certain programs offered by the
California Department of Corrections and Rehabilitation (CDCR).
Specifically, this bill:
1)Increases from six weeks to 18 weeks the maximum additional
program credits that may be awarded to a state prison inmate
during any 12 month period of continuous incarceration for the
successful completion of certain programs offered by CDCR.
2)States that persons serving a sentence for conviction of a
"violent" felony, or a conviction under the "Three Strikes
Law', shall not be eligible for program credit reductions that
in combination with credit reductions under other provisions
of law would exceed 20% of the total term of imprisonment
imposed.
3)Provides that all the following prisoners shall not be
eligible for additional program credits:
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a) A person sentenced to prison under the "One Strike Sex
Law", or as a "Habitual Sex Offender";
b) Persons sentenced to state prison for conviction of
specified serious and violent felonies with prior
conviction for serious and violent felonies, and are
ineligible to earn credit on his or her term of
imprisonment;
c) A person serving a life sentence without possibility of
parole; and
d) A person sentenced to death.
EXISTING LAW:
1)Provides that in addition to credit awarded for good behavior,
CDCR may also award a prisoner program credit reduction from
his or her term of confinement. The Secretary of CDCR 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. Regulations promulgated by CDCR 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-custody rehabilitation program. Commencing upon the
approval of these guidelines, the sheriff shall thereafter
calculate and award credit reductions as authorized. A
prisoner may not have his or her term reduced by more than six
weeks for credits awarded during any 12-month period of
continuous confinement. (Pen Code, § 2933.05, subd. (a).)
2)Prohibits the following persons from earning additional
program credits :
a) Any person serving a prison term for the commission of a
"violent" felony;
b) Any person sentenced to prison under the "Three strikes
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Law"; and,
c) Any person required to register as a convicted sex
offender.
3)States that program credits 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. (Pen Code, § 2933.05, subd. (b).)
4)Provides that "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. (Pen Code, § 2933.05, subd. (c).)
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. (Pen
Code, § 2933.05, subd. (d).)
6)Allows the 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. (Pen Code, §
§ 2931 and 2933.)
7)Provides that a person convicted of a "violent" felony offense
shall accrue no more than 15 percent of work-time credit, as
defined. (Pen. Code, § 2933.1.)
8)States that the total number of credits awarded to any person
sentenced under the "Three Strikes Law" shall not exceed
one-fifth of the total term of imprisonment and shall not
accrue until the defendant is physically placed in the state
prison. (Pen Code, § 667, subd. (c)(5)
FISCAL EFFECT: Unknown
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COMMENTS:
1)Author's Statement: According to the author, "In spite of a
recent reduction in the prison population due to realignment,
California's prisons continue to be overcrowded, which
compromises the safety of incarcerated people and prison staff
and reduces the effectiveness of rehabilitation efforts. As of
February 2015, the California prison system was at 136.6% of
design capacity.
"Credit Earning Programs relieve prison overpopulation by
allowing eligible prisoners to modestly reduce their sentences
through certain approved education and life skills programs
that help prepare for life after release. Research suggests
that people who participate in this type of rehabilitative
programming are significantly less likely to recidivate.
"CDCR data shows that California prisons have an alarmingly
high 63.7% three year recidivism rate. However, Credit
Earning programs have a proven track record of helping people
released from prison stay out of trouble with the law. For
instance, incarcerated people who completed the Substance
Abuse Program training had a recidivism rate of less than half
the statewide recidivism rate. Just 5.4% of prisoners who
graduated from the Prison University Project, which provides
higher education programs for San Quentin State Prison
prisoners, returned to prison within one year. A comparable
group of prisoners who did not enroll in the program had a one
year recidivism rate of 21.2%. Other available credit earning
programs include vocational training, academic training, and
firefighting programs.
"Credit earning programs are a key example of programs that
the California Rehabilitation Oversight Board (CROB) has
recommended expanding because they create 'positive
reinforcements for offenders who successfully complete their
rehabilitation program requirements.' This bill provides
prisoners an additional incentive to participate in programs
that CROB has recommended. The prisoners who are eligible for
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these credits already have a set release date or hearing, but
most of these individuals will be released without having
participated in any evidence-based programming aimed at
reducing their likelihood of recidivating. By providing a
greater incentive to participate and complete programs, we are
encouraging prisoners to participate in programs that create
opportunities for education and learning life skills.
Furthermore, by encouraging prisoners to participate in these
programs we can better help prisoners transition back into
society."
2)Argument in Support: The American Civil Liberties Union
states, "AB 512 will expand the number of sentence reduction
credits eligible prisoners can receive, from a maximum of 6
weeks per year, to 18 weeks per year off their time served.
Under the bill, this expansion will apply retroactively. This
bill helps ensure that currently eligible prisoners have the
opportunity and incentive to continue to participate in and
complete recidivism-reducing curriculum. Additionally,
although the bill does not make every prisoner eligible for
expanded credits, the measure does provide credits to Second
Strikers; people with convictions for serious or violent
crimes so long as they do not exceed the limitations of the
Three Strikes initiatives (i.e. 20% or 1/5 time off of one's
sentence); and people serving time for a parole violation who
do not have a new term.
"The use of credits is a particularly effective way to reduce
the number of people in California's prisons because credits
received are directly tied to participation in rehabilitation
programs. Prisoners have to earn the credits through their
involvement in work, educational programs, and positive
programming, which will provide them skills that will be
useful once they leave prison and return to our communities.
Research overwhelmingly suggests that people who participate
in rehabilitative programming are significantly less likely to
commit new crimes upon release from prison. For example, CDCR
date from 2012 revealed an overall recidivism rate of 63.7%,
while prisoners who completed Substance Abuse Program Training
had a lower rate of 31.3% recidivism. Those who graduated from
the Prison University Project had an even lower rate of 5.4%."
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3)Argument in Opposition: The California District Attorneys
Association states, "This bill would amend Penal Code section
2933.05 to increase the enhanced program credits allowed
against a state prison sentence from 6 to 18 weeks per year,
and would reduce the categories of inmates excluded from
earning such enhanced program credits.
"As an initial matter, AB 512 goes too far by tripling the
enhanced credits available to eligible inmates. Given that
other laws have greatly curtailed the categories of inmates
who actually go to state prison, this level of increase in
credits seems excessive.
"Perhaps more troubling is the way this bill tinkers with the
categories of inmates who would be ineligible for the enhanced
program credits. Under current law, inmates convicted of
violent felonies cannot receive credits in excess of 15
percent (PC 2933.1), and are excluded from earning enhanced
program credits. AB 512 would not only make them eligible to
earn enhanced program credits, but would raise the 15 percent
cap to 20 percent. Additionally, while current law excludes PC
290 registrant sex offenders from earning enhanced program
credits, AB 512 seeks to remove that eligibility exclusion.
"Allowing violent felons and sex offenders to earn credits three
times faster so that they can be released sooner jeopardizes
public safety and does a disservice to victims of crime. For
those reasons, we must respectfully oppose AB 512."
4)Prior Legislation: AB 624 (Mitchell), Chapter 266, Statutes
of 2013, authorized a sheriff or county director of
corrections to award a prisoner program credit reduction of no
more than six weeks during any 12 month period deducted from
an inmate's term of confinement for the successful completion
of performance objectives for approved rehabilitative
programming.
REGISTERED SUPPORT / OPPOSITION:
Support
Californians United for a Responsible Budget (Sponsor)
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Dignity and Power Now (Sponsor)
Ella Baker Center for Human Rights (Sponsor)
American Friends Service Committee
Center on Juvenile and Criminal Justice
National Association of Social Workers - California Chapter
American Civil Liberties Union
Alliance for Change
Drug Policy Alliance
California Attorneys for Criminal Justice
California Catholic Conference of Bishops
California Public Defenders Association
Justice Not Jails
Courage Campaign
Roots & Rebound
Parents for Addiction Treatment and Healing
A New Way of life
Hunger Action Los Angeles
Community United Against Violence
Time for Change Foundation
Communities United for Restorative Justice
Legal Services for Prisoners with Children
One Private Citizen
Opposition
California District Attorneys Association
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744
AB 512
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