Amended in Senate April 14, 2015

Senate Bill No. 759

Introduced by Senators Anderson and Hancock

(Coauthors: Senators Leno and Mitchell)

(Coauthor: Assembly Member Jones-Sawyer)

February 27, 2015

An act to add Article 7 (commencing with Section 2696) to Chapter 4 of Title 1 of Part 3 begin delete of end delete begin insert of, and to repeal and add Section 2933.6 of, end insert the Penal Code, relating to prisoners.

LEGISLATIVE COUNSEL’S DIGEST

SB 759, as amended, Anderson. Prisoners: Secured Housing begin delete Units: reports. end delete begin insert Units. end insert

Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law authorizes Security Housing Units for segregation of certain prisoners for disciplinary or security purposes, and because of gang membership or association.

The bill would require the department, commencing July 1, 2016, to collect specified data regarding inmates subject to a term in a Security Housing Unit. The bill would require the Inspector General, commencing January 1, 2018, and biennially thereafter, to use the data to prepare reports for the Legislature on specified criteria pertaining to inmates in a Security Housing Unit and a Psychiatric Services Unit.

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Existing law requires a prisoner of the Department of Corrections and Rehabilitation to be awarded credit reductions from his or her term of confinement of 6 months for every 6 months of continuous confinement, as specified. Existing law provides for up to 6 weeks of additional credit in a 12-month period for the successful completion of certain rehabilitative programs, for certain inmates, as specified. Existing law makes a person who is placed in a Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or an Administrative Segregation Unit for specified misconduct, or upon validation as a prison gang member or associate, ineligible to earn credits pursuant to these provisions.

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This bill would repeal those provisions and instead authorize the department to establish regulations to allow specified inmates placed in a Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or an Administrative Segregation Unit to earn credits during the time he or she is in the Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or the Administrative Segregation Unit.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Article 7 (commencing with Section 2696) is
added to Chapter 4 of Title 1 of Part 3 of the Penal Code, to read:

 

Article 7.  Security Housing Unit Reports

 

2696.  

(a) Commencing July 1, 2016, the department shall
collect the following data:

(1) Information relating to each offender who is going through,
or has gone through, the validation process for determining a
security threat group affiliate, including the following:

(A) The offender’s gender, age, mental health status, and race.

(B) The outcome at every step of the validation process.

(C) If the offender was validated, the date of validation.

(D) If the offender was validated, the level of validation that
the offender assigned.

(2) Information relating to the offender being housed in the
Security Housing Unit or Psychiatric Services Unit, including the
following:

(A) The offender’s gender, age, mental health status, and race.

(B) The date the offender was placed in the Security Housing
Unit or Psychiatric Services Unit and the date of release.

(C) The reason the offender is serving a Security Housing Unit
term.

(D) The number of visits from persons other than staff that the
offender was provided while serving a term in the Security Housing
Unit or Psychiatric Services Unit.

(E) The number of phone calls the offender was provided while
serving a term in the Security Housing Unit.

(F) Whether the offender attempted to commit or committed
suicide.

(G) Any disciplinary action taken against the offender, and the
result of that action.

(H) Whether the offender was paroled directly out of the
Security Housing Unit or the Psychiatric Services Unit into the
community.

(3) The number of administrative appeals filed by offenders in
the Security Housing Unit or Psychiatric Services Unit, the subject
matter of the appeals, and the outcome of the appeals.

(b) Commencing January 1, 2018, and biennially thereafter, the
Office of the Inspector General shall use the data described in
subdivision (a) to prepare a report to the Legislature that includes,
but is not limited to, the following information:

(1) The number of offenders investigated for security threat
group validation.

(2) The number of cases in which the Office of Correctional
Safety recommended against validation and the outcome of those
cases.

(3) The number of cases in which the security threat group
committee decided not to validate the offender.

(4) The number of offenders who were not initially placed in
the Security Housing Unit or Psychiatric Services Unit but were
sent to the Security Housing Unit or Psychiatric Services Unit
within six months of validation.

(5) The number of offenders placed for an indeterminate
Security Housing Unit term or in the Psychiatric Services Unit.

(6) The number of offenders placed for a determinate Security
Housing Unit term or in the Psychiatric Services Unit.

(7) The average length of time offenders serving an
indeterminate Security Housing Unit term spent in the Security
Housing Unit or the Psychiatric Services Unit, or both.

(8) The number of suicide attempts made by offenders in the
Security Housing Unit and the Psychiatric Services Unit.

(9) The number of suicides by offenders in the Security Housing
Unit and the Psychiatric Services Unit.

(10) The number of offenders in the Security Housing Unit and
the Psychiatric Services Unit who were paroled directly out of the
Security Housing Unit and the Psychiatric Services Unit into the
community.

(11) The number of disciplinary actions taken against offenders
in the Security Housing Unit and the Psychiatric Services Unit,
the type of actions, and the outcomes of the disciplinary actions.

(12) The number of visits by persons other than staff to offenders
in the Security Housing Unit and the Psychiatric Services Unit.

(13) The number of phone calls provided to offenders in the
Security Housing Unit and the Psychiatric Services Unit.

(14) The number of administrative appeals filed by offenders
in the Security Housing Unit or the Psychiatric Services Unit, the
subject matter of the appeals, and the outcomes of those appeals.

(c) The report required by subdivision (b) shall be submitted in
compliance with Section 9795 of the Government Code.

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begin insert SEC. 2. end insert   

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begin insert Section 2933.6 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

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2933.6.  

(a) Notwithstanding any other law, a person who is
placed in a Security Housing Unit, Psychiatric Services Unit,
Behavioral Management Unit, or an Administrative Segregation
Unit for misconduct described in subdivision (b) or upon validation
as a prison gang member or associate is ineligible to earn credits
pursuant to Section 2933 or 2933.05 during the time he or she is
in the Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or the Administrative Segregation Unit for that
misconduct.

(b) This section applies to the following offenses:

(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven
by the testimony of two witnesses, or of one witness and
corroborating circumstances.

(2) Manslaughter.

(3) Assault or battery causing serious bodily injury.

(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.

(5) Assault with a deadly weapon or caustic substance.

(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim’s will.

(7) Taking a hostage.

(8) Escape or attempted escape with force or violence.

(9) Escape from any departmental prison or institution other
than a camp or reentry facility.

(10) Possession or manufacture of a deadly weapon or explosive
device.

(11) Arson involving damage to a structure.

(12) Possession of flammable, explosive material with intent to
burn any structure or property.

(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.

(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.

(c) This section does not apply if the administrative finding of
the misconduct is overturned or if the person is criminally
prosecuted for the misconduct and is found not guilty.

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begin insert SEC. 3. end insert   

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begin insert Section 2933.6 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

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begin insert 2933.6. end insert   

(a) The Department of Corrections and Rehabilitation
may establish regulations to allow specified inmates placed in a
Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or an Administrative Segregation Unit to earn
credits pursuant to Section 2933 or 2933.05, or credits as otherwise
specified in regulation, during the time he or she is in the Security
Housing Unit, Psychiatric Services Unit, Behavioral Management
Unit, or the Administrative Segregation Unit. The regulations shall
establish separate classifications of serious disciplinary infractions
to determine the rate of restoration of credits, the time period
required before forfeited credits or a portion thereof may be
restored, and the percentage of forfeited credits that may be
restored for those time periods, not to exceed those percentages
authorized for general population inmates. The regulations shall
provide for credit earning for inmates who successfully complete
specific program performance objectives.

(b) No credits shall be awarded to those inmates pursuant to
this section until the department has adopted regulations pursuant
to subdivision (a).

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