BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1597


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          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:  









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          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  








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            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  








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            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








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          Opposition

          None

          Analysis Prepared  
          by:              Gregory Pagan / PUB. S. / (916) 319-3744