BILL NUMBER: AB 926	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 26, 2015

   An act to add Sections 3000.01 and 3000.02 to the Penal Code,
relating to parole, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 926, as amended, Jones-Sawyer. Parole: Safe Communities Grant
Program.
   Existing law governs the length and conditions of parole and
establishes the Board of Parole Hearings to carry out various duties
relating to parole, including conducting parole consideration
hearings, parole rescission hearings, and parole progress hearings
for adults and juveniles under the jurisdiction of the Department of
Corrections and Rehabilitation, reviewing inmates' requests for
reconsideration of the denial of good-time credit and setting of
parole length or conditions, and making every order granting and
revoking parole and issuing final discharges to any person under the
jurisdiction of the department.
   This bill would require the department to establish rules and
regulations for implementing an earned compliance credit program that
would reduce the period of parole supervision of eligible persons,
as specified, upon compliance with their parole conditions. The bill
would provide that for each full calendar month of compliance with
the conditions of parole supervision, earned compliance credits equal
to the number of days in that month shall be deducted from the
eligible parolee's parole discharge date. The bill would also specify
the circumstances under which credits would not accrue, including
when a parolee has been arrested for a new offense, except as
specified.
   The bill would also require the department to provide annually to
the Director of Finance and the Legislative Analyst's Office
specified data regarding the program, including the number and
percentage of parolees who qualified for the earned compliance credit
program and the total amount of credits earned by parolees within
the year.
   The bill would establish the Safe Communities Grant Program to be
administered by the Department of Corrections and Rehabilitation in
consultation with specified state entities, to allocate moneys to
counties, by January 1 of each fiscal year beginning in 2018, to
provide support for employment and housing for parolees, as
specified.
    The bill would also establish the continuously appropriated Safe
Communities Grant Program Fund within the State Treasury for purposes
of the program. The bill would require, on or before July 31, 2017,
and on or before July 31 of each fiscal year thereafter, the Director
of Finance to calculate the savings accrued to the state from the
implementation of the earned compliance credit program and to certify
the results of the calculation to the Controller no later than
August 1 of each fiscal year. The bill would require the Controller,
before August 31, 2017, and before August 31 of each fiscal year
thereafter, to transfer that amount from the General Fund to the Safe
Communities Grant Program Fund. The bill would also require, every 2
years, beginning in 2019, the Controller to conduct an audit of the
Safe Communities Grant Program Fund to ensure the funds are disbursed
and expended solely according to the requirements of the bill and to
report his or her findings to the Legislature and make them
available to the public. The bill would also require that any costs
incurred by the Director of Finance and the Controller in connection
with the administration of the Safe Communities Grant Program Fund,
including the costs of the required calculation and the audit, be
deducted from the Safe Communities Grant Program Fund before the
funds are disbursed, as specified.
   By establishing the continuously appropriated Safe Communities
Grant Program Fund, and by directing the Controller to transfer funds
from the General Fund to that fund, the bill would make an
appropriation.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3000.01 is added to the Penal Code, to read:
   3000.01.  (a) For the purposes of this section, the following
terms shall have the following meanings:
   (1) "Department" refers to the Department of Corrections and
Rehabilitation.
   (2) "Parole authority" refers to the Board of Parole Hearings.
   (b) The department shall establish rules and regulations for
implementing an earned compliance credit program that provides
eligible parolees the opportunity to reduce their period of parole
supervision upon compliance with their parole conditions.
   (c) The department shall have the authority to award earned
compliance credits to eligible parolees who are in compliance with
the terms and conditions of parole supervision and who are not
subject to mandatory lifetime parole pursuant to Section 3000.1.
   (1) For each full calendar month of compliance with the conditions
of parole supervision, earned compliance credits equal to the number
of days in that month shall be deducted from the eligible parolee's
parole discharge date.
   (2) Earned compliance credits shall accrue for eligible parolees
after the first full calendar month of compliance of supervision
conditions.
   (3) Earned compliance credits shall be applied to the parole
discharge date within  thirty (30)   30 
days of the end of the month in which the credits were earned. The
department or supervising parole agent shall notify eligible parolees
of their respective current parole discharge dates at least every
six  (6)  months.
   (4) The department or supervising parole agent shall notify the
parole authority of the impending discharge within  sixty
(60)   60  days prior to the date of final
discharge. If the time served on parole combined with the earned
compliance credits satisfies the terms of parole, the parole
authority shall order the final discharge of the parolee.
   (5) For the purposes of this section, a parolee is deemed to be in
compliance with the conditions of parole supervision if 
there was no   a citation was not issued to the parolee
and the parolee was not arrested as a result of the violation of
the conditions of parole supervision.
   (d) The following persons shall be eligible to participate in the
earned compliance credit program:
   (1) A person  sentenced pursuant to Section 1170 and
subsequently  paroled pursuant to Section 3000 or 3000.08.
   (2) A person serving a California sentence for an eligible offense
in any jurisdiction pursuant to the Interstate Compact for Adult
Offender Supervision.
   (e) Earned compliance credits shall not accrue in any calendar
month in which any of the following circumstances apply:
   (1) The parolee has absconded from parole supervision. 
   (2) A parole violation report has been submitted by the
supervising parole agent. Credits shall not accrue for months between
the submission of the report and the final action by the parole
authority. If the parole violation is not sustained, the parolee
shall be deemed compliant and shall have the lost credits restored,
beginning on the first day of the month in which the report was
submitted.  
   (3) 
    (2)  The parolee has been arrested for a new offense.
Credits shall not accrue for months between the arrest and the final
outcome of the arrest. If the charges are dropped, dismissed, or the
parolee is otherwise absolved, the parolee shall be deemed compliant
and shall have the lost credits restored, beginning on the first day
of the month in which the arrest occurred. 
   (4) 
    (3)  The parolee is serving a term of incarceration for
a parole violation or new conviction.
   (f) The department shall provide annually to the Director of
Finance and the Legislative Analyst's Office the following data:
   (1) The number and percentage of parolees who qualified for the
earned compliance credit program.
   (2) The total amount of credits earned by parolees within the
year.
   (3) The average amount of credits earned by parolees within the
year.
  SEC. 2.  Section 3000.02 is added to the Penal Code, to read:
   3000.02.  (a) The Safe Communities Grant Program Fund is hereby
created within the State Treasury and, notwithstanding Section 13340
of the Government Code, is continuously appropriated without regard
to fiscal year for carrying out the purposes of this section.
   (b) On or before July 31, 2017, and on or before July 31 of each
fiscal year thereafter, the Director of Finance shall calculate the
savings accrued to the state from the implementation of the earned
compliance credit program created by Section 3000.01. In making the
calculation required by this section, the Director of Finance shall
use actual data or best available estimates where actual data is not
available. The Director of Finance shall certify the results of the
calculation to the Controller no later than August 1 of each fiscal
year.
   (c) Before August 31, 2017, and before August 31 of each fiscal
year thereafter, the Controller shall transfer from the General Fund
to the Safe Communities Grant Program Fund the total amount
calculated pursuant to subdivision (b).
   (d) There is hereby established the Safe Communities Grant Program
which shall be administered by the Department of Corrections and
Rehabilitation in consultation with the California Workforce
Investment Board, the Employment Development Department, and the
Department of Housing and Community Development. In developing the
Safe Communities Grant Program, the Department of Corrections and
Rehabilitation shall hold a minimum of two public hearings whereby
public and private stakeholders, community-based organizations that
provide reentry services to state parolees, and other interested
parties can provide public comment or submit written public comment
on the development and administration of the Safe Communities Grant
Program.
   (e) By January 1 of each fiscal year beginning in 2018, the
Department of Corrections and Rehabilitation shall allocate moneys
deposited in the Safe Communities Grant Program to counties to
support the following purposes:
   (1) Employment support, including, but not limited to, on-the-job
training programs, transitional jobs, and apprenticeships, for
persons sentenced pursuant to Section 1170 and subsequently paroled
pursuant to Section 3000 or 3000.08.
   (2) Housing support, including, but not limited to, transitional
and supportive housing, for persons sentenced pursuant to Section
1170 and subsequently paroled pursuant to Section 3000 or 3008.08.
   (f)  (1)     
 Every   (1)     Every 
two years, beginning in 2019, the Controller shall conduct an audit
of the Safe Communities Grant Program Fund to ensure the funds are
disbursed and expended solely according to this section and shall
report his or her findings to the Legislature and make them available
to the public.
   (2) A report required to be submitted pursuant to paragraph (1)
shall be submitted in compliance with Section 9795 of the Government
Code.
   (g) Any costs incurred by the Director of Finance and the
Controller in connection with the administration of the Safe
Communities Grant Program Fund, including the costs of the
calculation required by subdivision (b) and the audit required by
subdivision (f), shall be deducted from the fund before moneys are
disbursed pursuant to subdivision (d).