BILL ANALYSIS Ó
AB 512
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
512 (Mark Stone) - As Amended April 16, 2015
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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
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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
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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.
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"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
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successful completion of performance objectives for approved
rehabilitative programming.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081