BILL NUMBER: AB 1597	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 17, 2016
	AMENDED IN ASSEMBLY  MARCH 9, 2016

INTRODUCED BY   Assembly Member Mark Stone
    (   Coauthor:   Senator   Hancock
  ) 

                        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 amended, 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 sentenced and
unsentenced inmates who are confined in a county jail. 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. The bill would prohibit evidence of an
inmate's participation, or attempted participation, in this program
from being admitted as an admission of guilt in any proceeding.
   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 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. 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. 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,   includes,  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. An inmate shall not be
eligible for program credits that result in him or her being overdue
for release.
   (e) This section  shall apply   applies 
to sentenced and unsentenced inmates confined in a county jail.
   (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 in the
same manner as all other credits awarded.
   (g) Evidence that an inmate has participated in, or attempted to
participate in, an approved rehabilitation program eligible for
credit pursuant to this section is not admissible in any proceeding
as an admission of guilt.