Amended in Assembly April 3, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1652

Introduced by Assembly Member Ammiano

February 11, 2014

An act to amend Section 2933.6 of begin delete , and to add Chapter 18 (commencing with Section 7455) to Title 7 of Part 3 of, end delete the Penal Code, relating to inmates.

LEGISLATIVE COUNSEL’S DIGEST

AB 1652, as amended, Ammiano. Inmates: prison gangs.

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, 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 remove the provision making a person who is placed in a Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or an Administrative Segregation Unit upon validation as a prison gang member or associate ineligible to receive the above-specified credits. begin insert The bill would only allow an inmate to be assigned to a Security Housing Unit for the same misconduct that would make him or her ineligible to earn credits while in a Security Housing Unit pursuant to the above provisions. end insert

begin delete

This bill would require that an inmate assigned to a Security Housing Unit as a validated member, associate, or affiliate of a gang or security threat group receive a determinate term of not more than 36 months if the assignment is based solely on that status.

end delete

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

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

SECTION 1.  

Section 2933.6 of the Penal Code is amended to
read:

2933.6.  

(a) Notwithstanding any other law, a person who is
placed in a Security Housing Unit, Psychiatric Services Unit,
Behavioral Management Unit, or an Administrative Segregation
Unit for misconduct described in subdivision (b) is ineligible to
earn credits pursuant to Section 2933 or 2933.05 during the time
he or she is in the Security Housing Unit, Psychiatric Services
Unit, Behavioral Management Unit, or the Administrative
Segregation Unit for that misconduct.

(b) This section applies to the following offenses:

(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven
by the testimony of two witnesses, or of one witness and
corroborating circumstances.

(2) Manslaughter.

(3) Assault or battery causing serious bodily injury.

(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.

(5) Assault with a deadly weapon or caustic substance.

(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim’s will.

(7) Taking a hostage.

(8) Escape or attempted escape with force or violence.

(9) Escape from any departmental prison or institution other
than a camp or reentry facility.

(10) Possession or manufacture of a deadly weapon or explosive
device.

(11) Arson involving damage to a structure.

(12) Possession of flammable, explosive material with intent to
burn any structure or property.

(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.

(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.

(c)  begin delete This end delete begin insert Subdivision (a) of this end insert section 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.

begin insert

(d) An inmate may only be assigned to a Security Housing Unit
for an offense specified in subdivision (b).

end insert

begin delete

SEC. 2.  

Chapter 18 (commencing with Section 7455) is added
to Title 7 of Part 3 of the Penal Code, to read:

 

Chapter  18. Security Housing Unit

 

7455.  

An inmate assigned to a Security Housing Unit as a
validated member, associate, or affiliate of a gang or security threat
group shall receive a determinate term in the Security Housing
Unit of not more than 36 months if the assignment is based solely
on that status.

end delete