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 delete 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 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 2933.6 of the Penal Code is amended to
2read:
(a) Notwithstanding any other law, a person who is
4placed in a Security Housing Unit, Psychiatric Services Unit,
5Behavioral Management Unit, or an Administrative Segregation
6Unit for misconduct described in subdivision (b) is ineligible to
7earn credits pursuant to Section 2933 or 2933.05 during the time
8he or she is in the Security Housing Unit, Psychiatric Services
9Unit, Behavioral Management Unit, or the Administrative
10Segregation Unit for that misconduct.
11(b) This section applies to the following offenses:
12(1) Murder, attempted murder, and solicitation of murder. For
13purposes of this paragraph, solicitation of murder shall be
proven
14by the testimony of two witnesses, or of one witness and
15corroborating circumstances.
16(2) Manslaughter.
17(3) Assault or battery causing serious bodily injury.
18(4) Assault or battery on a peace officer or other nonprisoner
19which results in physical injury.
20(5) Assault with a deadly weapon or caustic substance.
21(6) Rape, attempted rape, sodomy, attempted sodomy, oral
22copulation, or attempted oral copulation accomplished against the
23victim’s will.
24(7) Taking a hostage.
25(8) Escape or attempted escape with force or violence.
26(9) Escape from any departmental prison or institution other
27than a camp or reentry facility.
28(10) Possession or manufacture of a deadly weapon or explosive
29device.
30(11) Arson involving damage to a structure.
31(12) Possession of flammable, explosive material with intent to
32burn any structure or property.
P3 1(13) Solicitation of assault with a deadly weapon or assault by
2means of force likely to produce great bodily injury, arson, or a
3forcible sex act.
4(14) Intentional
destruction of state property in excess of four
5hundred dollars ($400) during a riot or disturbance.
6(c) begin deleteSubdivision (a) of this end deletebegin insertThis end insertsection does not apply if the
7administrative finding of the misconduct is overturned or if the
8person is criminally prosecuted for the misconduct and is found
9not guilty.
10(d) An inmate may only be assigned to a Security Housing Unit
11for an offense specified in subdivision (b).
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