BILL NUMBER: AB 2331	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 24, 2012

   An act to amend Section  2933   2933.1 
of the Penal Code, relating to  prisons   sex
offenses  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2331, as amended, Miller.  State prisons: credits on
term of imprisonment.   Sex offenses: rape: worktime
credits.  
   Existing law provides that any person convicted of a violent
felony, as specified, shall accrue no more than 15% of worktime
credit, as defined.  
   This bill would additionally provide that any person convicted of
rape accomplished where a person is prevented from resisting by any
intoxicating or anesthetic substance or where a person is at the time
unconscious, as specified, shall accrue no more than 15% of worktime
credit.  
   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
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 2933.1 of the   Penal
Code   is amended to read: 
   2933.1.  (a) Notwithstanding any other law, any person who is
convicted of  a felony offense listed   rape as
defined in paragraph (3) or (4) of subdivision (a) of Section 261 or
of a felony offense listed  in subdivision (c) of Section 667.5
shall accrue no more than 15 percent of worktime credit, as defined
in Section 2933.
   (b) The 15-percent limitation provided in subdivision (a) shall
apply whether the defendant is sentenced under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2 or sentenced
under some other law. However, nothing in subdivision (a) shall
affect the requirement of any statute that the defendant serve a
specified period of time prior to minimum parole eligibility, nor
shall any offender otherwise statutorily ineligible for credit be
eligible for credit pursuant to this section.
   (c) Notwithstanding Section 4019 or any other provision of law,
the maximum credit that may be earned against a period of confinement
in, or commitment to, a county jail, industrial farm, or road camp,
or a city jail, industrial farm, or road camp, following arrest and
prior to placement in the custody of the Director of Corrections,
shall not exceed 15 percent of the actual period of confinement for
any person specified in subdivision (a).
   (d) This section shall only apply to offenses listed in
subdivision (a) that are committed on or after the date on which this
section becomes operative. 
  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 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 a prisoner receive more than six 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 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.
   (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.