BILL ANALYSIS Ó
AB 1597
Page 1
ASSEMBLY THIRD READING
AB
1597 (Mark Stone)
As Amended March 9, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-0 |Quirk, Jones-Sawyer, | |
| | |Lopez, Low, Santiago | |
| | | | |
| | | | |
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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
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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:
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.
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.
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.
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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.
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.
6)Specifies that only inmates sentenced to the county jail
pursuant to realignment are eligible for prisoner program
credit reductions.
FISCAL EFFECT: Unknown. This bill has been keyed non-fiscal by
the Legislative Counsel.
COMMENTS: 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
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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."
Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0002631