BILL ANALYSIS Ó AB 1597 Page 1 Date of Hearing: March 1, 2016 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair AB 1597 (Mark Stone) - As Introduced January 7, 2016 SUMMARY: Allows an inmate in the county jail, who has not been sentenced, to earn program credit reductions for successfully completing specific program performance objectives, otherwise known as "milestones". Specifically, this bill: 1)Provides that an inmate in a county jail, who has not been sentenced, shall not be prevented from participating in approved rehabilitation programs that result in credit reductions for completing specific program performance objectives. 2)States that 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. 3)Provides that evidence that an inmate has participated in or attempted to participate in any approved rehabilitation program eligible for credit is not admissible in any proceeding as an admission of guilt. EXISTING LAW: AB 1597 Page 2 1)Provides that in addition to credit awarded for good behavior, a sheriff may also award a prisoner program credit reduction from his or her term of confinement. A sheriff who elects to participate in this program shall provide 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 credit reduction of not more than six weeks for each performance milestone. (Pen. Code, § 4019, subd. (a)(1).) 2)States that regulations promulgated by the sheriff 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. Commencing upon the approval of these guidelines, the sheriff shall thereafter calculate and award credit reductions as authorized. 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. (Pen. Code, § 4019, subd. (a)(2).) 3)States that program credits is a privilege, not a right. Prisoners 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. (Pen. Code, § 4019, subd. (b).) 4)Provides that "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. (Pen. Code, § 4019, subd. (c).) 5)Provides that additional credits awarded may be forfeited, as specified. Inmates shall not be eligible for program credits that result in an inmate being overdue for release. (Pen. Code, § 4019, subd. (d).) 6)Specifies that only inmates sentenced to the county jail pursuant to realignment are eligible for prisoner program AB 1597 Page 3 credit reductions. (Pen. Code, § 4019, subd. (e).) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "Credit earning programs relieve prison overpopulation by modestly reducing the sentences of eligible prisoners who have participated in and completed 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. This bill will allow all people in county jails the opportunity to participate in Credit Earning Programs and potentially earn modest amounts of time off their sentences. "Credit earning programs are a key example of programs that the California Rehabilitation Oversight Board (CROB) has recommended expanding because they create "positive reinforcements for offenders who successfully complete their rehabilitation program requirements." This bill provides this incentive to participate in programs that CROB has recommended to a subset of imprisoned people who are not currently eligible to participate (those who are awaiting trial in county jails). Law enforcement agencies in California also support the idea that prisoners in jail and those awaiting trial should be allowed to participate in these programs and potentially earn credits. "By expanding credit earning opportunities to all people in jail, we can encourage more people to leave jail with new skills and goals which may reduce rates of recidivism and help newly released prisoners to reintegrate successfully into their communities." 2)Argument in Support: The Los Angeles County Sheriff's Department states, "In 2013 the Los Angeles County Sheriff's Department sponsored Assembly Bill 624 by Assemblymember Holly Mitchell, which created Penal Code Section 4019.4. Penal Code 4019.4 allowed sentenced felons in the county jail to earn additional 'milestone' credits for successful completion of AB 1597 Page 4 education programs. In Los Angeles County, this program and 'milestone ' credit earnings has been tremendously successful. According to a July 16, 2015 report, 43 percent of eligible inmates successfully earned milestone credits for completing educational programs. "Assembly Bill 1595 will amend Penal Code Section 4019.4 to expand these educational opportunities to all inmates in county jail. This expansion would include allowing those convicted of a misdemeanor to participate in and earn milestone education credits, as well as allow for those felons who have not yet been convicted (pre-trial) to participate in the program with a promise that if they successfully complete the milestones, they could apply the earned credit upon conviction." 3)Prior Legislation: a) AB 624 (Mitchell), Chapter 266, Statutes of 2013, authorizes a sheriff to award a prisoner program credit reduction from an inmate's term of confinement for the successful completion of performance objectives for approved rehabilitative programming. b) AB 512 (Stone), of the 2014 Legislative Session, increased the maximum additional program credits, from 6 weeks to 18 weeks, that may be awarded to a state prison inmate during any 12 month period of continuous incarceration for the successful completion of certain programs offered by the California Department of Corrections and Rehabilitation (CDCR). AB 512 died on the Assembly Appropriations Committee suspense file. REGISTERED SUPPORT / OPPOSITION: Support Los Angeles County Sheriff's Department (Sponsor) Los Angeles County Board of Supervisors American Civil Liberties Union California State Sheriffs' Association California Public Defenders Association AB 1597 Page 5 Opposition None Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744