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