California Legislature—2015–16 Regular Session

Assembly BillNo. 1597


Introduced by Assembly Member Mark Stone

January 7, 2016


An act to amend Section 4019.4 of the Penal Code, relating to county jails.

LEGISLATIVE COUNSEL’S DIGEST

AB 1597, as introduced, Mark Stone. County jails: performance milestone credits.

Under existing law, when a prisoner is confined to a county or city jail, an industrial farm, or a road camp, for each 4-day period in which he or she is confined, he or she may have one day deducted from his or her period of confinement, as specified. Existing law also authorizes a sheriff or county director of corrections, in addition to the credits otherwise earned, to award an inmate who is sentenced to county jail for a felony, program credit reductions from his or her term of confinement for successful completion of specific program performance objectives for rehabilitative programming, including academic programs, vocational programs, vocational training, substance abuse programs, and core programs such as anger management and social life skills. These program credit reductions may be for one to 6 weeks and may be forfeited in the same manner as other program credit reductions.

This bill would make the provisions applicable to inmates who are sentenced to a county jail for a misdemeanor and to people who are held in a county jail prior to sentencing. The bill would require credits awarded prior to sentencing to be applied to the sentence for the offense for which the inmate was awaiting sentence when the credits were awarded.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 4019.4 of the Penal Code is amended to
2read:

3

4019.4.  

(a) (1) In addition to credit awarded pursuant to
4 Section 4019, a sheriff or county director of corrections may also
5awardbegin delete a prisonerend deletebegin insert an inmateend insert program credit reductions from his or
6her term of confinement as provided in this section. A sheriff or
7county director of corrections who elects to participate in this credit
8reduction program shall create guidelines that provide for credit
9reductions for inmates who successfully complete specific program
10performance objectives for approved rehabilitative programming,
11including, but not limited to, credit reduction of not less than one
12week to credit reduction of not more than six weeks for each
13performance milestone.

14(2) Guidelines adopted by a sheriff or county director of
15corrections pursuant to this subdivision shall specify the credit
16reductions applicable to distinct objectives in a schedule of
17graduated program performance objectives concluding with the
18successful completion of an in-custody rehabilitation program.
19Upon adopting the guidelines, the sheriff or county director of
20corrections shall thereafter calculate and award credit reductions
21authorized by this section.begin delete A prisonerend deletebegin insert An inmateend insert may not have his
22or her term of imprisonment reduced by more than six weeks for
23credits awarded pursuant to this section during any 12-month
24period of continuous confinement.

25(b) Program credit is a privilege, not a right.begin delete Prisonersend deletebegin insert An inmateend insert
26 shall have a reasonable opportunity to participate in program credit
27qualifying assignments in a manner consistent with institutional
28security, available resources, and guidelines set forth by the sheriff
29or county director of corrections.

30(c) As used in this section, “approved rehabilitation
31programming” shall include, but is not limited to, academic
32programs, vocational programs, vocational training, substance
33abuse programs, and core programs such as anger management
34and social life skills.

P3    1(d) Credits awarded pursuant to this section may be forfeited
2pursuant to the provisions of Section 4019.begin delete Inmatesend deletebegin insert An inmateend insert
3 shall not be eligible for program credits that result inbegin delete an inmateend delete
4begin insert him or herend insert being overdue for release.

5(e) This section shallbegin delete onlyend delete apply to inmates sentenced to county
6jailbegin delete pursuant to subdivision (h) of Section 1170end delete.

begin insert

7(f) (1) Nothing in this section shall prevent a person who has
8not been sentenced from participating in an approved rehabilitation
9program pursuant to this section.

end insert
begin insert

10(2) If a person is awarded credits prior to sentencing, the credits
11shall be applied to a sentence for the offense for which the person
12was awaiting sentence when the credits were awarded under the
13same terms and conditions as all other credits awarded.

end insert


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