BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 1597 Hearing Date: May 10, 2016
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|Author: |Mark Stone |
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|Version: |March 9, 2016 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|JM |
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Subject: County Jails: Performance Milestone Credits
HISTORY
Source: Los Angeles County Sheriff's Department
Prior Legislation:AB 512 (Stone) 2014, held in Assembly
Appropriations
AB 624 (Mitchell) - Chapter 266, Statutes of 2013
Support: American Civil Liberties Union; California Attorneys
for Criminal Justice; California Catholic Conference;
California Peace Officers' Association; California
State Association of Counties; California State
Sheriffs' Association; Los Angeles County Board of
Supervisors
Opposition:None known
Assembly Floor Vote: 54 - 17
PURPOSE
This bill 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
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known as "milestones."
Current law 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).)
Current law 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).)
Current law 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).)
Current law 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).)
Current law 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).)
Current law specifies that only inmates sentenced to the county
jail for a felony term pursuant to realignment (Pen. Code §
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1170, subd. (h)) are eligible for prisoner program credit
reductions. (Pen. Code, § 4019, subd. (e).)
This bill 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.
This bill 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.
This bill 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.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as "of
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December 9, 2015, 112,510 inmates were housed in the State's 34
adult institutions, which amounts to 136.0% of design bed
capacity, and 5,264 inmates were housed in out-of-state
facilities. The current population is 1,212 inmates below the
final court-ordered population benchmark of 137.5% of design bed
capacity, and has been under that benchmark since February
2015." (Defendants' December 2015 Status Report in Response to
February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge
Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One
year ago, 115,826 inmates were housed in the State's 34 adult
institutions, which amounted to 140.0% of design bed capacity,
and 8,864 inmates were housed in out-of-state facilities.
(Defendants' December 2014 Status Report in Response to February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison
population, the state must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
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1.Need for This Bill
According to the author:
Existing law fails to ensure that prisoners awaiting
trial in county jails can take advantage of existing
rehabilitation programs. It also fails to allow jail
administrators to provide full access to and credit
for these programs, which can help with recidivism and
overcrowding. Currently, people serving an executed
felony jail sentence can earn credits for up to six
weeks reduction in his or her sentence per year by
participating in certain approved Prison Earning
Credit programs when these programs are available in
the institution in which a prisoner is serving his or
her sentence. Approved programs teach prisoners a
variety of life and career skills. Examples of these
programs include anger management programs, substance
abuse programs, and GED programs.
Unfortunately, these programs are not available to
inmates who are being held in jail prior to
conviction. The programs are also not available to
inmates serving misdemeanor jail terms.
Research has proven that these programs help reduce
recidivism. These programs provide prisoners with
skills that will help them reintegrate into their
communities post-release; therefore, it is in the
interest of the state to provide strong incentives for
eligible prisoners to participate in and complete
these programs. The annual maximum credit of six
weeks' sentence reduction for people in state prison
was implemented in order to provide an incentive to
participate. By allowing people in county jails to
participate in these types of programs for credit
earning, including those awaiting trial, the state can
encourage more eligible prisoners to participate in
programs proven to reduce recidivism.
A Judicial Council Report found that it can take
anywhere from 30 days to 12 months. During this time,
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prisoners should be able to take advantage of credit
earning opportunities by taking part in helpful
programs. If a participating prisoner ultimately is
convicted and sentenced, he or she will already have
begun to build career and life skills programs and can
have credits to reduce their sentence.
2. Background and Argument from the Sponsor, the Los Angeles
County Sheriff
The Los Angeles County Sheriff argues and explains:
In 2013 the Los Angeles County Sheriff's Department
sponsored Assembly Bill 624 by Assemblymember Holly
Mitchell, which created Penal Code Section 4019.4.
Section 4019.4 allowed sentenced felons in the county
jail to earn additional "milestone" credits for
successful completion of 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.Pretrial Jail Incarceration and Programming Incentives
Many felony defendants are held in county jail prior to
conviction because they cannot afford bail. Pretrial
incarceration often makes up a large proportion of a convicted
defendant's sentence. This bill would allow jail inmates to
earn rehabilitation credits prior to conviction, creating an
incentive for inmates to participate in such programs, likely
increasing the chances that a defendant would not reoffend.
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Without this bill providing pretrial "milestone" credits, a
defendant who has served much of his or her sentence prior to
trial would likely get reduced benefits from participation in
rehabilitation programs in the limited amount of time before
release.
A felony defendant who is facing conviction would also have an
incentive to engage in rehabilitation in order to establish a
factor in mitigation for the court's consideration in imposing
sentence. Further, where a defendant has served a substantial
portion of his or her eventual sentence prior to conviction, he
or she may have little incentive to accept probation and
supervision, as he or she would be required only a part of the
total sentence after conviction. Defendants who are not
supervised and offered rehabilitation and education services in
the community may be more likely to reoffend. Under this bill,
it is likely that even inmates who refuse probation will engage
in rehabilitation and education programs while in custody.
Proposition 47 has increased the proportion of jail inmates
serving misdemeanor jail terms, as the proposition reclassified
many offenses, most notably drug possession, that were
previously felonies or wobblers, as misdemeanors. Inmates
serving sentences for misdemeanor convictions have the same need
for rehabilitation services as those who previously served
felony sentences for the same crimes. This bill would grant
these inmates programming credits, creating an incentive for
participation in rehabilitation programs.
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