BILL NUMBER: AB 2331	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 24, 2012

   An act to amend Section 2933 of the Penal Code, relating to
prisons.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2331, as introduced, Miller. State prisons: credits on term of
imprisonment.
   Existing law provides that it is the intent of the Legislature
that persons sentenced to prison for a determinate sentence serve the
entire sentence imposed by the court, except for a reduction in the
time served in the custody of the Secretary of the Department of
Corrections and Rehabilitation, as specified. Existing law permits a
prisoner to earn one day of credit for each day in custody, except
when the prisoner commits a specified act of misconduct, including
murder or manslaughter.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2933 of the Penal Code is amended to read:
   2933.  (a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison under Section
1170 serve the entire sentence imposed by the court, except for a
reduction in the time served in the custody of the Secretary of the
Department of Corrections and Rehabilitation pursuant to this section
and Section 2933.05.
   (b) For every six months of continuous incarceration, a prisoner
shall be awarded credit reductions from his or her term of
confinement of six months. A lesser amount of credit based on this
ratio shall be awarded for  any   a  lesser
period of continuous incarceration. Credit should be awarded
pursuant to regulations adopted by the secretary. Prisoners who are
denied the opportunity to earn credits pursuant to subdivision (a) of
Section 2932 shall be awarded no credit reduction pursuant to this
section. Under no circumstances shall  any   a
 prisoner receive more than six  months'  
months of  credit reduction for any six-month period under this
section.
   (c) Credit is a privilege, not a right. Credit must be earned and
may be forfeited pursuant to the provisions of Section 2932. Except
as provided in subdivision (a) of Section 2932, every eligible
prisoner shall have a reasonable opportunity to participate.
   (d)  (1)    Under regulations adopted by the
Department of Corrections and Rehabilitation, which shall require a
period of not more than one year free of disciplinary infractions,
credit  which   that  has been previously
forfeited may be restored by the secretary. The regulations shall
provide for separate classifications of serious disciplinary
infractions as they relate to 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 these time periods. For credits forfeited as specified
in paragraph (1) of subdivision (a) of Section 2932, the Department
of Corrections and Rehabilitation may provide that up to 180 days of
lost credit shall not be restored and up to 90 days of credit shall
not be restored for a forfeiture resulting from conspiracy or
attempts to commit one of those acts. No credits may be restored if
they were forfeited for a serious disciplinary infraction in which
the victim died or was permanently disabled. Upon application of the
prisoner and following completion of the required time period free of
disciplinary offenses, forfeited credits eligible for restoration
under the regulations for disciplinary offenses other than serious
disciplinary infractions punishable by a credit loss of more than 90
days shall be restored unless, at a hearing, it is found that the
prisoner refused to accept or failed to perform in a credit
qualifying assignment, or extraordinary circumstances are present
that require that credits not be restored. "Extraordinary
circumstances" shall be defined in the regulations adopted by the
secretary. However, in any case in which credit was forfeited for a
serious disciplinary infraction punishable by a credit loss of more
than 90 days, restoration of credit shall be at the discretion of the
secretary. 
   The 
    (2)    The  prisoner may appeal the
finding through the Department of Corrections and Rehabilitation's
review procedure, which shall include a review by an individual
independent of the institution who has supervisorial authority over
the institution.
   (e) The provisions of subdivision (d) shall also apply in cases of
credit forfeited under Section 2931 for offenses and serious
disciplinary infractions occurring on or after January 1, 1983.