Amended in Assembly August 1, 2016

Amended in Senate June 2, 2015

Amended in Senate May 5, 2015

Amended in Senate April 14, 2015

Senate BillNo. 759


Introduced by Senators Anderson and Hancock

(Coauthors: Senators Leno, Liu, and Mitchell)

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(Coauthor: Assembly Member Jones-Sawyer)

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(Coauthors: Assembly Members Jones-Sawyer and Quirk)

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February 27, 2015


An act to repeal and add Section 2933.6 of the Penal Code, relating to prisoners.

LEGISLATIVE COUNSEL’S DIGEST

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

This bill would repeal those provisions regarding ineligibility to earn credits and instead require the department, no later than July 1, 2017, to establish regulations to allow specified inmates placed inbegin delete a Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or an Administrative Segregation Unitend deletebegin insert segregation housingend insert to earn credits during the time he or she is inbegin delete the Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or the Administrative Segregation Unit.end deletebegin insert segregation housing.end insert

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

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

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SECTION 1.  

Section 2933.6 of the Penal Code is repealed.

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SEC. 2.  

Section 2933.6 is added to the Penal Code, to read:

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2933.6.  

The Department of Corrections and Rehabilitation
4shall, no later than July 1, 2017, establish regulations to allow
5specified inmates placed inbegin delete a Security Housing Unit, Psychiatric
6Services Unit, Behavioral Management Unit, or an Administrative
7Segregation Unitend delete
begin insert segregation housingend insert to earn credits pursuant to
8Section 2933 or 2933.05, or credits as otherwise specified in
9regulation, during the time he or she is in begin delete the Security Housing
10 Unit, Psychiatric Services Unit, Behavioral Management Unit, or
11the Administrative Segregation Unit.end delete
begin insert segregation housing.end insert The
12regulations may establish separate classifications of serious
13disciplinary infractions to determine the rate of restoration of
14credits, the time period required before forfeited credits or a portion
15thereof may be restored, and the percentage of forfeited credits
16that may be restored for those time periods, not to exceed those
17percentages authorized for general population inmates. The
18regulations shall provide for credit earning for inmates who
19successfully complete specific program performance objectives.



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