BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 759|
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THIRD READING
Bill No: SB 759
Author: Anderson (R) and Hancock (D)
Amended: 6/2/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-1, 4/28/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning
NOES: Stone
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
NO VOTE RECORDED: Bates
SUBJECT: Prisoners: Secured Housing Units
SOURCE: Friends Committee on Legislation of California
DIGEST: This bill requires the California Department of
Corrections and Rehabilitation (CDCR) to establish regulations
to allow specified inmates placed in a Secured Housing Unit
(SHU), or other similar units, to earn credits, as specified.
ANALYSIS:
Existing law:
1)Creates in state government the CDCR, to be headed by a
secretary, who shall be appointed by the Governor, subject to
Senate confirmation, and shall serve at the pleasure of the
Governor. (Government Code § 12838.) CDCR shall consist of
Adult Operations, Adult Programs, Health Care Services,
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Page 2
Juvenile Justice, the Board of Parole Hearings, the State
Commission on Juvenile Justice, the Prison Industry Authority,
and the Prison Industry Board. (Id.)
2)Allows CDCR to place an inmate in the SHU if the inmate has
been deemed a threat to the safety of others or the security
of the institution. (15 CCR 3341.5.) Under existing
regulations, inmates can be assigned to the SHU for a
determinate or indeterminate term. (Id.) An inmate who has
been validated as a gang member can be placed in the SHU for
an indeterminate term. (Id.)
3)States that a person who is placed in a SHU, Psychiatric
Services Unit (PSU), Behavioral Management Unit (BMU), or an
Administrative Segregation Unit for specified misconduct 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 SHU, PSU, BMU, or the
Administrative Segregation Unit for that misconduct, as
specified. (Penal Code § 2933.6.)
This bill repeals the existing credit provisions and instead
authorizes CDCR to establish regulations to allow specified
inmates placed in a SHU, PSU, BMU, or an Administrative
Segregation Unit to earn credits during the time he or she is in
the SHU, PSU, BMU, or the Administrative Segregation Unit.
Background
On October 9, 2013, the Assembly and Senate Public Safety
Committees held an informational hearing on California's prison
segregation policies. The committees heard from representatives
from CDCR and the Office of the Inspector General , experts,
advocates and even individuals who had been housed in the SHU.
Among the experts was Margaret Winter, the head of the American
Civil Liberties Union prison project, she:
[T]old lawmakers the tide is turning nationally when
it comes to use of isolation in prisons.
"Every reputable study has found negative effects,"
Winter said, noting that when she helped the
Mississippi Department of Corrections reduce its use
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of isolation, prison violence actually went down.
Asked for alternative methods for dealing with inmates
who pose a danger to other inmates or staff, Winter
said segregation can be an effective short-term tool,
if paired with incentives to change behavior. Most
prison systems simply let inmates languish in
isolation without even determining if they're still a
threat, Winter said.
(Legislators Hear Testimony on California Prison Conditions in
Isolation, Rina Palta, Southern California Public Radio, October
9, 2013. http://www.scpr.org/
news/2013/10/09/39735/ca-legislature-to-hold-hearing-on-condition
s-in-pr/.)
On February 11, 2014, another joint informational hearing was
held to discuss CDCR's new policies and the impact that the
policy has had on the SHU population. Committee members heard
from CDCR representatives, experts and attorneys who represent
SHU inmates. Hope Metcalf, Associate Research Scholar in Law,
Director of Arthur Liman Program, and Lecturer in Law, Yale Law
School, stated in the hearing:
[T]he basic bottom line is that staff and inmates must
feel safe and prisons do need tools to shape behavior.
I don't think that there's much dispute about that.
And in fact, some forms of short-term segregation may
be necessary and there may indeed be some portions of
the population for whom placement in the general
population is not appropriate. However, that does not
translate in any sense to the fact that long-term
isolation of the ilk that we see at Pelican Bay is in
fact serving sound, public policy.
So given the overreliance on isolation, many prisons
are at best delaying problems, and, in fact, may be
aggravating them. So I do not wish to say that most
people released from long-term isolation are
dangerous. I have many, many clients who have left
isolation and they have gone on to do well. However,
I do think that if we're talking about public safety,
thinking about outcomes, including recidivism is
important. Equally important of course in terms of
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outcomes is not just whether or not someone is
violent, but whether they are able to flourish and
become independent once they leave. So the fear
is-one fear I've had-is even where outcomes don't show
for example violence, is that person able to hold a
job or are they now so debilitated that they are
reduced to relying on state support once they leave
prison?
(California Department of Corrections and Rehabilitation's
Proposed New Policies on Inmate Segregation: The Promise and
Imperative of Real Reform, Hearing Transcript, Assembly and
Senate Public Safety Committees Joint Informational Hearing,
February 11, 2014. http://spsf.senate.ca.gov/sites
/spsf.senate.ca.gov/files/Jt.%20Hearing%20Transcript%202-11-14.pd
f.)
In summary, this hearing highlighted the widely held principle
that while short term segregation is an important tool, long
term segregation can have a detrimental impact not only on
inmates but also on overall public safety.
Under existing law, a person who is placed in a SHU, PSU, BMU,
or an Administrative Segregation Unit for specified misconduct
or upon validation as a prison gang member or associate is
ineligible to earn credits during the time he or she is in the
SHU, PSU, BMU, or the Administrative Segregation Unit for that
misconduct. This bill seeks to allow inmates placed in the SHU,
PSU, BMU, or Administrative Segregation Unit to earn good time
credits.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, the fiscal
impact includes:
CDCR regulations: One-time costs of $100,000 (General Fund)
to promulgate regulations.
SHU credits: Potentially significant future cost savings
(General Fund) to the extent the regulations are implemented
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and the provision of good time credits to inmates while in the
SHU results in shorter prison sentences.
SUPPORT: (Verified5/29/15)
Friends Committee on Legislation of California (source)
American Civil Liberties Union of California
American Friends Service Committee
California Attorneys for Criminal Justice
California Public Defenders Association
Californians United for a Responsible Budget
Ella Baker Center for Human Rights
Legal Services for Prisoners with Children
National Religious Campaign Against Torture
Youth Justice Coalition
1 Individual
OPPOSITION: (Verified5/29/15)
None received
ARGUMENTS IN SUPPORT:
According to the American Civil Liberties Union of California,
Under current law, specified prisoners housed in SHUs
are unable to earn credit reductions. SB 759 would
repeal those provisions and would instead authorize
the CDCR to establish regulations to allow specified
prisoners house in SHUs to earn credits. The
opportunity to earn goodtime credits promotes good
behavior and promotes institutional safety for
prisoners and staff alike. Under SB 759, those who
are not otherwise excluded by law would also become
eligible for milestone credits when completing
rehabilitative programming. Completing rehabilitative
programming reduces recidivism and enhances public
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safety.
Prepared by:Jessica Devencenzi / PUB. S. /
6/2/15 10:12:50
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