BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1597|
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                                   THIRD READING 


          Bill No:  AB 1597
          Author:   Mark Stone (D), et al.
          Amended:  5/17/16 in Senate
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  6-1, 5/10/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning
           NOES:  Stone

           ASSEMBLY FLOOR:  54-17, 3/28/16 - See last page for vote

           SUBJECT:   County jails:  performance milestone credits


          SOURCE:    Los Angeles County Sheriff

          DIGEST:   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 known as "milestones."

          Senate Floor Amendments of 5/17/16 make a grammatical change and  
          add Senator Hancock as a coauthor.

          ANALYSIS:  


          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  








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            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 for a  
            felony term pursuant to realignment (Pen. Code § 1170, subd.  







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            (h)) are eligible for prisoner program credit reductions.   
            (Pen. Code, § 4019, subd. (e).)


          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.


          Background


          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 allows 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.   
          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.









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          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 grants these  
          inmates programming credits, creating an incentive for  
          participation in rehabilitation programs. 


          Comments


          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. 







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            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, 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.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified5/17/16)


          Los Angeles County Sheriff (source)
          American Civil Liberties Union
          California Attorneys for Criminal Justice
          California Catholic Conference







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          California Peace Officers' Association
          California State Association of Counties
          California State Sheriffs' Association
          Los Angeles County Board of Supervisors


          OPPOSITION:   (Verified5/17/16)


          None received


          ARGUMENTS IN SUPPORT:     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.

          ASSEMBLY FLOOR:  54-17, 3/28/16
          AYES:  Achadjian, Alejo, Atkins, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Frazier, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove,  
            Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine,  
            Lopez, Low, Mayes, Medina, Mullin, Nazarian, Olsen, Quirk,  







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            Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Waldron, Weber, Williams, Wood, Rendon
          NOES:  Travis Allen, Baker, Brough, Chávez, Beth Gaines,  
            Gallagher, Hadley, Harper, Jones, Kim, Linder, Maienschein,  
            Mathis, Obernolte, Patterson, Steinorth, Wilk
          NO VOTE RECORDED:  Bigelow, Chang, Dahle, Eggman, McCarty,  
            Melendez, O'Donnell, Wagner

          Prepared by:Jerome McGuire / PUB. S. /
          5/18/16 16:21:35


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