BILL ANALYSIS Ó
SB 759
Page 1
SENATE THIRD READING
SB
759 (Anderson and Hancock)
As Amended August 1, 2016
Majority vote
SENATE VOTE: 29-7
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Public Safety |5-2 |Jones-Sawyer, Lopez, |Melendez, Lackey |
| | |Low, Quirk, Santiago | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Appropriations |12-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonta, Calderon, Daly, |Gallagher, Jones, |
| | |Eggman, |Obernolte, Wagner |
| | | | |
| | | | |
| | |Roger Hernández, | |
| | |Holden, Quirk, | |
| | |Santiago, Weber, Wood | |
| | | | |
| | | | |
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SB 759
Page 2
SUMMARY: Repeals the provision of law that makes inmates placed
in a Security Housing Unit (SHU), or other specified segregation
units ineligible to earn credits and instead requires the
California Department of Corrections and Rehabilitation (CDCR)
to establish regulations to allow those inmates to earn credits.
Specifically, this bill:
1)Requires CDCR, no later than July 1, 2017, to establish
regulations to allow specified inmates placed in a SHU,
Psychiatric Services Unit (PSU), Behavioral Management Unit
(BMU), or an Administrative Segregation Unit (ASU) to earn
credits during the time he or she is in the SHU, PSU, BMU, or
ASU.
2)Allows for regulations to 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.
3)States that the regulations shall provide for credit earning
for inmates who successfully complete specific program
performance objectives.
EXISTING LAW:
1)States that a person who is placed in a SHU, PSU, BMU, or an
ASU for specified misconduct, or upon validation as a prison
gang member or associate, is ineligible to earn custody
credits during the time he or she is in the SHU, PSU, BMU, or
the ASU for that misconduct, as specified.
2)Specifies the offenses for which an inmate, if placed in a
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SHU, PSU, BMU, or an ASU due to a violation of one of the
offenses, is not eligible to receive credits.
3)Provides that the loss of credits prescribed above 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.
FISCAL EFFECT: According the Assembly Appropriations Committee,
the fiscal effect of this bill will include:
1)One-time costs to CDCR in the $100,000 General Fund (GF) range
to promulgate regulations.
2)Unknown GF savings to the extent earned credits reduce time
served by individuals formerly unable to earn credits.
COMMENTS: According to the author, "California's prison system
has five Security Housing Units (SHUs) managed by the California
Department of Corrections and Rehabilitation (CDCR). These
'supermax' facilities are used for the long-term isolation of
prisoners because of rules violations or because of their
perceived status as gang members or associates. Housing
prisoners in long-term isolation has been widely condemned by
human rights advocates. A 2011 report by the United Nations
Special Rapporteur called on all countries to ban the practice
except in very limited circumstances and only for very short
durations.
"Prisoners are housed in cells averaging 2' x 10' for 23-24
hours per day, released only for showers and exercise in an
enclosed cage. Both the large number of prisoners confined in
these units and the length of time they spend there (the average
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length of a SHU term has been six years), demonstrate that our
policies are much harsher than other states.
"In July 2011, prisoners housed in SHUs went on hunger strike to
protest their conditions of confinement. This strike lasted 30
days. In the fall of 2011, prisoners again went on hunger
strike for another 30 days. The CDCR subsequently initiated
broad policy changes concerning gang validations and introduced
a new Step Down Program to provide isolated prisoners with
specific steps to earn their way out of the SHU. At the same
time, prisoners who had been held in SHU for more than 10 years
filed a class action lawsuit, supported by the Center for
Constitutional Rights, Legal Services for Prisoners with
Children and others, challenging practices related to long term
isolation.
"The case, Asker v. Brown, was settled in September 2015 and is
now in the process of being implemented. Under terms of the
agreement, prisoners will no longer serve SHU terms for
perceived gang affiliation. The settlement requires the CDCR to
conduct hearings on everyone assigned to SHU because of gang
affiliation to determine whether they should remain in solitary.
So far over 1,000 hearings have been held and 80% of the
prisoners housed in isolation have been cleared for transfer to
general population. It is important to add that no significant
incidents have resulted from these transfers."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0003658
SB 759
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