BILL ANALYSIS Ó AB 512 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 512 (Mark Stone) - As Amended April 16, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill increases, from six weeks to 18 weeks, the maximum additional program credits that may be awarded to an eligible state prison inmate, as specified, during any 12-month period of continuous incarceration for the successful completion of AB 512 Page 2 certain programs offered by the California Department of Corrections and Rehabilitation (CDCR). This bill specifies the individuals who would not be eligible for the program, and makes the criteria retroactive. FISCAL EFFECT: 1)This bill will result in significant one-costs to CDRC in the range of $600,000 to $1 million (GF) as follows: a) Reprogramming costs to the CDCR Strategic Offender Management System could be in the range of $200,000 to $500,000. b) One-time costs of approximately $100,000 to promulgate regulations. c) A mass review and recalculation of cases will be conducted to update all cases by hand to provide the appropriate credit to individuals who may have taken a course and would now be eligible for some credit. This will require overtime funding for existing staff in the $300,000 - $400,000 range. 1)According to CDCR, the annual costs to house an inmate out-of-state is approximately $29,000. If an eligible inmate receives the maximum additional credit of 12 weeks, annual savings would be approximately $7,000 (GF) per inmate. Restrictions on the maximum additional credit an inmate may earn, based on the type of crime committed, may restrict the use of the 12 additional weeks. While it is not clear at this time how many inmates will be able to participate in the permissive program and how many will be able to receive the AB 512 Page 3 maximum credit, if 300 inmates participate for half the additional credit (6 weeks), the savings to CDCR would be in the $1 million range. COMMENTS: 1)Background. Current law provides that in addition to credit awarded for good behavior, CDCR may also award an eligible prisoner program credit reduction from his or her term of confinement. The Secretary of CDCR is responsible for providing 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 not more than six weeks for each performance milestone. Regulations promulgated by CDCR 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. 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. However, a person serving a prison term for the commission of a "violent" felony, or sentenced to prison under the "Three strikes Law"; or required to register as a convicted sex offender, is not eligible for the six-week credit. 2)Purpose. 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. AB 512 Page 4 "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." 3)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. "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." 4)Argument in Opposition. The California District Attorneys Association states, "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. 5)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, to be deducted from an inmate's term of confinement for the AB 512 Page 5 successful completion of performance objectives for approved rehabilitative programming. Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081