BILL NUMBER: AB 1597	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 4019.4 of the Penal Code is amended to read:
   4019.4.  (a) (1) In addition to credit awarded pursuant to Section
4019, a sheriff or county director of corrections may also award
 a prisoner   an inmate  program credit
reductions from his or her term of confinement as provided in this
section. A sheriff or county director of corrections who elects to
participate in this credit reduction program shall create guidelines
that provide for credit reductions for inmates who successfully
complete specific program performance objectives for approved
rehabilitative programming, including, but not limited to, credit
reduction of not less than one week to credit reduction of not more
than six weeks for each performance milestone.
   (2) Guidelines adopted by a sheriff or county director of
corrections pursuant to this subdivision 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. Upon
adopting the guidelines, the sheriff or county director of
corrections shall thereafter calculate and award credit reductions
authorized by this section.  A prisoner   An
inmate  may not have his or her term of imprisonment reduced by
more than six weeks for credits awarded pursuant to this section
during any 12-month period of continuous confinement.
   (b) Program credit is a privilege, not a right.  Prisoners
  An inmate  shall have a reasonable opportunity
to participate in program credit qualifying assignments in a manner
consistent with institutional security, available resources, and
guidelines set forth by the sheriff or county director of
corrections.
   (c) As used in this section, "approved rehabilitation programming"
shall include, but is not limited to, academic programs, vocational
programs, vocational training, substance abuse programs, and core
programs such as anger management and social life skills.
   (d) Credits awarded pursuant to this section may be forfeited
pursuant to the provisions of Section 4019.  Inmates
  An inmate  shall not be eligible for program
credits that result in  an inmate   him or her
 being overdue for release.
   (e) This section shall  only  apply to inmates
sentenced to county jail  pursuant to subdivision (h) of
Section 1170  . 
   (f) (1) Nothing in this section shall prevent a person who has not
been sentenced from participating in an approved rehabilitation
program pursuant to this section.  
   (2) If a person is awarded credits prior to sentencing, the
credits shall be applied to a sentence for the offense for which the
person was awaiting sentence when the credits were awarded under the
same terms and conditions as all other credits awarded.