BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1597| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 1597 Page 2 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. AB 1597 Page 3 (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. AB 1597 Page 4 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. AB 1597 Page 5 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 AB 1597 Page 6 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, AB 1597 Page 7 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 **** END ****