Amended in Senate March 18, 2014

Senate Bill No. 892

Introduced by Senator Hancock

(Coauthors: Assembly Members Ammiano and Skinner)

January 13, 2014

begin delete An act relating to state prisons. end delete begin insert An act to amend Section 12838.1 of the Government Code, and to amend Sections 2932 and 2933.6 of, and to add Article 7 (commencing with Section 2696) to Chapter 4 of Title 1 of Part 3 of, the Penal Code, relating to state prisons. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 892, as amended, Hancock. State prisons.

begin insert

Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law authorizes the Governor to appoint 4 officers, subject to Senate approval, to the Division of Adult Institutions within the Department of Corrections and Rehabilitation, to oversee specified categories of adult institutions.

end insert begin insert

This bill would authorize an additional officer appointment by the Governor, to oversee the security threat group validation and Security Housing Unit operations and conditions within that division.

end insert begin insert

Existing law authorizes Security Housing Units for segregation of certain prisoners for disciplinary or security purposes, and because of gang membership or association.

end insert begin insert

This bill would require specified due process procedures for determining if an inmate is a member of or an associate of a gang, and subject to placement in a Security Housing Unit. The bill would require the Office of the Inspector General, commencing July 1, 2015, to review every determination completed on or after July 1, 2015, prior to the offender being placed in a Security Housing Unit, and in which confidential information was used, that an inmate is a gang member or associate, to determine whether the minimum level of due process was provided and that the determination was supported by the evidence. If the Inspector General concludes that the determination was not supported by the evidence, or that the inmate was not provided the minimum level of due process, the gang member or associate classification would be deleted and the inmate would not be placed in a Security Housing Unit.

end insert begin insert

The bill would require an inmate subject to an indeterminate Security Housing Unit term to be placed in a multistep program designed to promote positive behavior and cessation of gang-related activities, and promotion of successful assimilation of the inmate back into the general prison population. The bill would require the Inspector General, on or before July 1, 2016, to review the central files of each inmate who is subject to an indeterminate Security Housing Unit term who is denied progression within the program to assess the department’s compliance with the program.

end insert begin insert

The bill would require an inmate subject to a determinate Security Housing Unit term to receive an individualized plan to address the conduct giving rise to the term in the Security Housing Unit, and to promote successful assimilation back into the general prison population. The bill would authorize an inmate serving a determinate Security Housing Unit term to earn credits toward reducing that term.

end insert begin insert

The bill would require the Inspector General, commencing July 1, 2016, and annually thereafter, to provide an audit report to the Governor and the Legislature of inmates subject to a determinate term in a Security Housing Unit to assess compliance by the department.

end insert begin insert

The bill would require an inmate in a Security Housing Unit or Psychiatric Services Unit to have access to educational programming, to have daily face-to-face interaction with uniformed and civilian staff, to have access to radio or television, and the opportunity to earn additional specified privileges and credits towards reduction of the inmate’s sentence. The bill would require the Inspector General, on or before July 1, 2016, and biennially thereafter, to perform an audit to assess the department’s compliance with these provisions.

end insert begin insert

The bill would require mental health screening for an inmate placed in the Security Housing Unit and subsequent mental health assessments. The bill would require the Inspector General to employ 2 offender resource specialists at each Security Housing Unit and Psychiatric Services Unit, to be responsible for, among other things, assisting an inmate with concerns about the inmate’s responsibilities and rights during confinement in one of those units, and responding to an inmate’s family member’s inquiries.

end insert begin insert

The bill would require the department, commencing July 1, 2015, to collect specified data regarding inmates subject to a term in a Security Housing Unit. The bill would require the Inspector General, commencing January 1, 2017, and biennially thereafter, to use the data to prepare reports for the Legislature on specified criteria pertaining to inmates in a Security Housing Unit and a Psychiatric Services Unit.

end insert begin insert

Existing law provides that an inmate placed in a Security Housing Unit for specified crimes or because of gang association or membership, or placed in a Psychiatric Services Unit, is ineligible to earn credits towards reducing his or her sentence during the time the inmate is in the Security Housing Unit.

end insert begin insert

This bill would provide that those inmates would be eligible to earn credits toward reducing their sentences while in a Security Housing Unit or Psychiatric Services Unit for a period during which the inmate has been free of disciplinary action for 6 consecutive months.

end insert begin insert

The bill would state findings and declarations by the Legislature relative to Security Housing Units and would make conforming changes.

end insert begin delete

Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system.

end delete begin delete

This bill would declare that it is the intent of the Legislature to enact legislation to address or modify the use of segregated housing units in the state prison system.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares the following:

end insert begin insert

(a) Prisons serve a vital role in California’s public safety and
criminal justice system. The prison system also is an increasingly
expensive government program.

end insert begin insert

(b) The mission of the Department of Corrections and
Rehabilitation is to enhance public safety through safe and secure
incarceration of the most serious and violent offenders, and to
provide effective parole supervision and rehabilitative strategies
for the successful reintegration of offenders into our communities.

end insert begin insert

(c) The criminal justice system must be transparent and include
performance measures that hold it accountable for its results in
protecting the public, reducing reoffending, and conserving
taxpayers’ money.

end insert begin insert

(d) Currently, California places an offender in a setting isolated
from the general prison population solely because the offender is
a gang member. An offender is labeled a gang member or gang
associate through a process that is completely internal within the
department and that is not subject to any systematic independent
oversight.

end insert begin insert

(e) An offender in the Security Housing Unit is locked in a cell
for up to 23 hours a day. These offenders are typically given
minimal outdoor time alone in small, separately secured yards,
and eat their meals in their cells. An offender in a Security Housing
Unit cannot make phone calls and has very limited access to family
member visits.

end insert begin insert

(f) As of February 27, 2014, there were 2,483 offenders serving
indeterminate terms in the Security Housing Unit and 1,466
offenders serving determinate terms in the Security Housing Unit
in California state prisons.

end insert begin insert

(g) As of February 27, 2014, there were 39 offenders who had
been in the Security Housing Unit for more than 25 years, and 46
offenders who had been in the Security Housing Unit for more
than 20 years. According to the department, the average time an
offender spends in the Security Housing Unit is 6.8 years.

end insert begin insert

(h) Mental health professionals and researchers have found
that offenders in solitary confinement, especially for an extended
time, suffer from a number of psychological and psychiatric
illnesses. Those illnesses include aggression, chronic insomnia,
anxiety, panic attacks, extreme paranoia, and an offender often
exhibits the signs and symptoms of psychosis, including
hallucinations.

end insert begin insert

(i) Between September 2012 and September 2013, 273 offenders
were paroled directly into our communities from the Security
Housing Unit.

end insert begin insert

(j) Long-term segregated housing as a prison management
strategy should be used only as a last resort and should be limited
in duration. The conditions of confinement should include
evidence-based programs designed to return the offender to the
general prison population.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 12838.1 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

12838.1.  

(a) There is hereby created within the Department
of Corrections and Rehabilitation, under the Undersecretary for
Administration and Offender Services, the following divisions:

(1) The Division of Enterprise Information Services, the
Division of Facility Planning, Construction, and Management, and
the Division of Administrative Services. Each division shall be
headed by a director, who shall be appointed by the Governor,
upon recommendation of the secretary, subject to Senate
confirmation, who shall serve at the pleasure of the Governor.

(2) The Division of Internal Oversight and Research. This
division shall be headed by a director, who shall be appointed by
the Governor, upon recommendation of the secretary, who shall
serve at the pleasure of the Governor.

(b) There is hereby created in the Department of Corrections
and Rehabilitation, under the Undersecretary for Health Care
Services, the Division of Health Care Operations and the Division
of Health Care Policy and Administration. Each division shall be
headed by a director, who shall be appointed by the Governor,
upon recommendation of the secretary, subject to Senate
confirmation, who shall serve at the pleasure of the Governor.

(c) There is hereby created within the Department of Corrections
and Rehabilitation, under the Undersecretary for Operations, the
Division of Adult Institutions, the Division of Adult Parole
Operations, the Division of Juvenile Justice, and the Division of
Rehabilitative Programs. Each division shall be headed by a
director, who shall be appointed by the Governor, upon
recommendation of the secretary, subject to Senate confirmation,
who shall serve at the pleasure of the Governor.

(d) The Governor shall, upon recommendation of the secretary,
appoint begin delete four end delete begin insert five end insert subordinate officers to the Division of Adult
Institutions, subject to Senate confirmation, who shall serve at the
pleasure of the Governor. Each subordinate officer appointed
pursuant to this subdivision shall oversee an identified category
of adult institutions, one of which shall be female offender
begin delete facilities. end delete begin insert facilities, and one that shall oversee security threat group
validation and Security Housing Unit operations and conditions,
as described in Article 7 (commencing with Section 2696) of
Chapter 4 of Title 1 of Part 3 of the Penal Code. end insert

(e) (1) Unless the context clearly requires otherwise, whenever
the term “Chief Deputy Secretary for Adult Operations” appears
in any statute, regulation, or contract, it shall be construed to refer
to the Director of the Division of Adult Institutions.

(2) Unless the context clearly requires otherwise, whenever the
term “Chief Deputy Secretary for Adult Programs” appears in any
statute, regulation, or contract, it shall be construed to refer to the
Director of the Division of Rehabilitative Programs.

(3) Unless the context clearly requires otherwise, whenever the
term “Chief Deputy Secretary for Juvenile Justice” appears in any
statute, regulation, or contract, it shall be construed to refer to the
Director of the Division of Juvenile Justice.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Article 7 (commencing with Section 2696) is added to
Chapter 4 of Title 1 of Part 3 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 7. end insert   The Security Housing Unit

 

begin insert 2696. end insert   

The terms below, as used in this article, are defined as
follows:

(a) “Custody” means the offender is in the physical custody of
the Department of Corrections and Rehabilitation.

(b) “Determinate Security Housing Unit term” means the
offender is placed in the Security Housing Unit for a determinate
period of time because the offender was found guilty of a serious
offense, as described in the department’s regulations.

(c) “Indeterminate Security Housing Unit term” means that an
offender is assigned to the Security Housing Unit for an
indeterminate period. These offenders include security threat group
affiliates and offenders in protective custody.

(d) “Psychiatric Services Unit” means a facility designed and
staffed to treat mentally disordered offenders who are serving
terms in the Security Housing Unit.

(e) “Security Housing Unit” means housing for an offender
who is a difficult management case, a security threat group
member, or a maximum security offender. There are four Security
Housing Units in the state prison system located in Pelican Bay
State Prison, California State Prison, Corcoran, California
Institution for Women, and California Correctional Institution.

(f) “Security threat group,” which is used synonymously with
the term “gang,” means any ongoing formal or informal
organization, association, or group of three or more persons that
has a common name or identifying sign or symbol whose members
and associates, individually or collectively, engage or have
engaged on behalf of that organization, association, or group, in
two or more acts that include planning, organizing, threatening,
financing, soliciting, or committing unlawful acts or misconduct.

(g) “Security threat group affiliate” means an offender who
has been validated as either a member or associate of a security
threat group.

(h) “Security threat group validation” means the process used
by the department to identify and document an offender affiliated
with a security threat group.

begin insert 2696.5. end insert   

(a) The department shall provide an offender due
process prior to validating an offender in its custody as a security
threat group affiliate. An offender shall be afforded, at a minimum,
the following procedural protections:

(1) Timely, written, and effective notice that security threat
group validation is being considered, and the facts upon which
that consideration is based.

(2) Decisionmaking by a dedicated and specially trained
classification committee.

(3) A hearing at which the offender may be heard in person
and, absent an individualized determination of good cause, has a
reasonable opportunity to present available witnesses and
information.

(4) An interpreter, if necessary, for the offender to understand
or participate in the proceedings.

(5) An advocate to assist with the offender’s investigation.

(6) An independent determination by the committee of the
reliability and credibility of confidential informants.

(7) A written statement in plain language setting forth the
specific evidence relied upon, and the reasons for, validation.

(b) Commencing July 1, 2015, the Office of the Inspector
General shall, prior to placement of an offender in a Security
Housing Unit, review every security threat group validation
completed on or after July 1, 2015, in which confidential
information was used, to determine whether the minimum level of
due process was provided to the validated offender and that the
validation was supported by the evidence. If the Office of Inspector
General concludes that the security threat group validation was
not supported by the evidence or that the offender was not provided
the minimum level of due process, the offender’s gang validation
shall be deleted and the offender shall not be placed in the Security
Housing Unit.

begin insert 2697. end insert   

(a) Commencing on January 1, 2015, an offender who
is serving an indeterminate Security Housing Unit term, and
thereafter, an offender placed in the Security Housing Unit, shall
be placed in the Step Down Program. The Step Down Program is
a multistep program designed to provide programming with the
ultimate goal of returning the offender to the general prison
population.

(b) Within 30 days of an offender being placed into the Step
Down Program, the department shall develop an individualized
plan for the offender. The plan shall include, but not be limited to,
an assessment of the offender’s needs, an individualized strategy
to provide the offender with programming to address those needs,
and a statement of the expectations for the offender to progress
through the Step Down Program. The department shall provide
the plan to the offender and explain it so that the offender can
understand his or her responsibilities under the plan. A copy of
the plan shall be placed in the offender’s central file.

(c) An offender in the Step Down Program shall be provided
with promising or evidence-based programming designed to
eliminate participation in security threat group-related activities.
The programming shall include incentives to promote positive
behavior. The programming shall also promote the successful
assimilation of an offender back into the general prison population.
Information obtained from the offender during this programming
shall not be used in a Rules Violation Report against the offender
or to keep the offender in the Security Housing Unit.

(d) The department shall track the offender’s progress in
meeting the requirements of the plan described in subdivision (b).

(e) An offender in the Step Down Program shall be assessed by
a correctional counselor every 90 days, in order to monitor the
offender’s progress. The correctional counselor and the offender
resource specialist shall meet with the offender and provide the
offender with a progress report that outlines what requirements
the offender is not meeting and what the offender is expected to
do to progress within the Step Down Program. An interpreter shall
be provided, if necessary, so that the offender can understand and
participate in the assessment. A copy of the report shall be placed
in offender’s central file.

(f) An offender shall have the opportunity to advance to the next
step of the Step Down Program after successful participation in
the current step for 180 days.

(g) The department shall prepare a comprehensive reentry plan
for every offender who will parole directly out of the Security
Housing Unit or the Psychiatric Services Unit into the community.

(h) On or before July 1, 2016, the Office of the Inspector
General shall review the central file of each offender who is denied
progress within the Step Down Program to assess the department’s
compliance with this section.

begin insert 2697.5. end insert   

(a) The department shall develop an individualized
plan for the offender within 30 days of an offender beginning a
determinate Security Housing Unit term. The plan shall include
an assessment of the offender’s needs, an individualized strategy
to provide the offender with programming to address those needs,
and a statement of the expectations for the offender to progress
toward fewer restrictions and lower levels of custody based on the
offender’s behavior. The department shall provide the plan to the
offender and explain it, so that the offender can understand those
expectations. A copy of the plan shall be placed in the offender’s
central file.

(b) An offender serving a determinate Security Housing Unit
term shall be provided with promising or evidence-based
programming consistent with addressing the conduct giving rise
to the offender’s determinate Security Housing Unit term. The
programming shall promote the successful assimilation of the
offender back into the general prison population. Information
obtained from the offender during the programming shall not be
used in a Rules Violation Report against the offender, or to keep
the offender in the Security Housing Unit.

(c) The department shall track the offender’s progress in meeting
the requirements of the plan described in subdivision (a).

(d) An offender serving a determinate Security Housing Unit
term shall be assessed by a correctional counselor every 90 days,
in order to monitor the offender’s progress. The correctional
counselor and the offender resource specialist shall meet with the
offender and provide the offender with a progress report that
outlines what requirements the offender is not meeting and what
the offender is expected to do to be eligible for additional privileges
and early release from the Security Housing Unit. An interpreter
shall be provided, if necessary, so that the offender can understand
and participate in the assessment. A copy of the report shall be
placed in offender’s central file.

(e) An offender serving a determinate Security Housing Unit
term shall be eligible to earn credits towards early release from
the Security Housing Unit. The department shall be responsible
for developing guidelines for earning those credits.

(f) The department shall prepare a comprehensive reentry plan
for every offender who will parole directly out of the Security
Housing Unit or Psychiatric Services Unit into the community.

(g) (1) Commencing on July 1, 2016, and annually thereafter,
the Inspector General shall provide an audit report to the Governor
and the Legislature of the offenders serving a determinate Security
Housing Unit term to assess the department’s compliance with
this section.

(2) The report required by paragraph (1) shall be submitted in
compliance with Section 9795 of the Government Code.

begin insert 2698. end insert   

(a) An offender placed in the Security Housing Unit or
the Psychiatric Services Unit shall be provided with meaningful
forms of mental, physical, and social stimulation. Those forms of
stimulation shall include, but not be limited to, the following:

(1) Access to educational programming, including in-cell
programming, that shall be developed for an offender who is not
permitted to leave his or her cell.

(2) Opportunities to exercise in the presence of other offenders,
provided however, that the offenders may be separated by security
barriers, if necessary.

(3) Daily face-to-face interaction with both uniformed and
civilian staff or volunteers.

(4) Access to radio or television.

(b) The department shall create a behavior-driven progressive
incentives program that includes, but is not limited to, the
following, for any 30-day period where an offender in the Security
Housing Unit or Psychiatric Services Unit does not receive a rules
violation report:

(1) One additional phone call in the following month.

(2) One additional photograph, for a maximum of 10.

(3) Four additional hours of recreational yard time in the
following month.

(c) An offender shall be entitled to the privileges in subdivision
(b) if a disciplinary action is reversed, dismissed, or modified to
a minor rules violation.

(d) An offender is eligible to earn credits pursuant to Section
2933 or 2933.05 during the time that he or she is in the Security
Housing Unit or the Psychiatric Services Unit as provided in
Section 2933.6.

(e) On or before July 1, 2016, and biennially thereafter, the
Office of the Inspector General shall perform an audit to assess
the department’s compliance with this section.

begin insert 2698.5. end insert   

(a) An offender shall undergo a mental health
screening by a qualified mental health professional within 30 days
before beginning a term in the Security Housing Unit. An offender
who has been diagnosed with a serious mental illness or who has
a history of serious mental illness and decompensation in
segregated settings shall not be placed in the Security Housing
Unit.

(b) The mental health of an offender in the Security Housing
Unit or Psychiatric Services Unit shall be monitored as follows:

(1) Correctional staff shall maintain a daily log documenting
the offender’s behavior.

(2) A qualified mental health professional shall, at least weekly,
observe offenders in the Security Housing Unit and the Psychiatric
Services Unit, speak to unit staff, review the offender log, and
observe and speak to offenders who are receiving mental health
treatment.

(3) A qualified mental health professional shall perform a
comprehensive mental health assessment of an offender in the
Security Housing Unit or the Psychiatric Services Unit every 90
days, unless a qualified mental health professional determines that
the assessment is unnecessary based on observations made
pursuant to paragraphs (1) and (2).

(c) The department shall provide training to all correctional
staff in the Security Housing Unit and Psychiatric Services Unit
on how to respond to an individual experiencing a psychiatric
crisis in ways that reduce rather than escalate the crisis.

begin insert 2699. end insert   

The Office of the Inspector General shall employ two
offender resource specialists for each Security Housing Unit and
Psychiatric Services Unit. The offender resource specialist’s
responsibilities shall include, but not be limited to, the following:

(a) Assisting an offender with concerns and questions
concerning the offender’s responsibilities and rights during
confinement in the Security Housing Unit or Psychiatric Services
Unit.

(b) Responding to inquiries from an offender’s family members.

(c) Explaining Security Housing Unit and Psychiatric Services
Unit policies to the public.

begin insert 2699.5. end insert   

(a) Commencing July 1, 2015, the department shall
collect the following data:

(1) Information relating to each offender who is going through,
or has gone through, the validation process for determining a
security threat group affiliate, including the following:

(A) The offender’s gender, age, mental health status, and race.

(B) The outcome at every step of the validation process.

(C) If the offender was validated, the date of validation.

(D) If the offender was validated, the level of validation that
the offender assigned.

(2) Information relating to the offender being housed in the
Security Housing Unit or Psychiatric Services Unit, including the
following:

(A) The offender’s gender, age, mental health status, and race.

(B) The date the offender was placed in the Security Housing
Unit or Psychiatric Services Unit and the date of release.

(C) The reason the offender is serving a Security Housing Unit
term.

(D) If the offender is serving an indeterminate Security Housing
Unit term, the progress the offender has made in the Step Down
Program.

(E) For offenders in the Step Down Program, the time spent in
each step of the program.

(F) The number of visits from persons other than staff that the
offender was provided while serving a term in the Security Housing
Unit or Psychiatric Services Unit.

(G) The number of phone calls the offender was provided while
serving a term in the Security Housing Unit.

(H) Whether the offender attempted to commit or committed
suicide.

(I) Any disciplinary action taken against the offender, and the
result of that action.

(J) Whether the offender was paroled directly out of the Security
Housing Unit or the Psychiatric Services Unit into the community.

(3) The number of administrative appeals filed by offenders in
the Security Housing Unit or Psychiatric Services Unit, the subject
matter of the appeals, and the outcome of the appeals.

(b) Commencing January 1, 2017, and biennially thereafter,
the Office of the Inspector General shall use the data described
in subdivision (a) to prepare a report to the Legislature that
includes, but is not limited to, the following information:

(1) The number of offenders investigated for security threat
group validation.

(2) The number of cases in which the Office of Correctional
Safety recommended against validation and the outcome of those
cases.

(3) The number of cases in which the security threat group
committee decided not to validate the offender.

(4) The number of offenders who were not initially placed in
the Security Housing Unit or Psychiatric Services Unit but were
sent to the Security Housing Unit or Psychiatric Services Unit
within six months of validation.

(5) The number of offenders placed for an indeterminate Security
Housing Unit term or in the Psychiatric Services Unit.

(6) The number of offenders placed for a determinate Security
Housing Unit term or in the Psychiatric Services Unit.

(7) The average length of time offenders serving an
indeterminate Security Housing Unit term spent in the Security
Housing Unit or the Psychiatric Services Unit, or both.

(8) The average length of time offenders spent in each step of
the Step Down Program.

(9) The number of suicide attempts made by offenders in the
Security Housing Unit and the Psychiatric Services Unit.

(10) The number of suicides by offenders in the Security Housing
Unit and the Psychiatric Services Unit.

(11) The number of offenders in the Security Housing Unit and
the Psychiatric Services Unit who were paroled directly out of the
Security Housing Unit and the Psychiatric Services Unit into the
community.

(12) The number of disciplinary actions taken against offenders
in the Security Housing Unit and the Psychiatric Services Unit,
the type of actions, and the outcomes of the disciplinary actions.

(13) The number of visits by persons other than staff to offenders
in the Security Housing Unit and the Psychiatric Services Unit.

(14) The number of phone calls provided to offenders in the
Security Housing Unit and the Psychiatric Services Unit.

(15) The number of administrative appeals filed by offenders
in the Security Housing Unit or the Psychiatric Services Unit, the
subject matter of the appeals, and the outcomes of those appeals.

(c) The report required by subdivision (b) shall be submitted in
compliance with Section 9795 of the Government Code.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2932 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2932.  

(a) (1) For any time credit accumulated pursuant to
Section 2931 or 2933, not more than 360 days of credit may be
denied or lost for a single act of murder, attempted murder,
solicitation of murder, manslaughter, rape, sodomy, or oral
copulation accomplished against the victim’s will, attempted rape,
attempted sodomy, or attempted oral copulation accomplished
against the victim’s will, assault or battery causing serious bodily
injury, assault with a deadly weapon or caustic substance, taking
of a hostage, escape with force or violence, or possession or
manufacture of a deadly weapon or explosive device, whether or
not prosecution is undertaken for purposes of this paragraph.
Solicitation of murder shall be proved by the testimony of two
witnesses, or of one witness and corroborating circumstances.

(2) Not more than 180 days of credit may be denied or lost for
a single act of misconduct, except as specified in paragraph (1),
which could be prosecuted as a felony whether or not prosecution
is undertaken.

(3) Not more than 90 days of credit may be denied or lost for a
single act of misconduct which could be prosecuted as a
misdemeanor, whether or not prosecution is undertaken.

(4) Not more than 30 days of credit may be denied or lost for a
single act of misconduct defined by regulation as a serious
disciplinary offense by the Department of Corrections and
Rehabilitation. Any person confined due to a change in custodial
classification following the commission of any serious disciplinary
infraction shall, in addition to any loss of time credits, be ineligible
to receive participation or worktime credit for a period not to
exceed the number of days of credit which have been lost for the
act of misconduct or 180 days, whichever is less. Any person
confined in a begin delete secure housing unit end delete begin insert Security Housing Unit end insert for having
committed any misconduct specified in paragraph (1) in which
great bodily injury is inflicted upon a nonprisoner shall, in addition
to any loss of time credits, be ineligible to receive participation or
worktime credit for a period not to exceed the number of days of
credit which have been lost for that act of misconduct. In unusual
cases, an inmate may be denied the opportunity to participate in a
credit qualifying assignment for up to six months beyond the period
specified in this subdivision if the Secretary of the Department of
Corrections and Rehabilitation finds, after a hearing, that no credit
qualifying program may be assigned to the inmate without creating
a substantial risk of physical harm to staff or other inmates. At the
end of the six-month period and of successive six-month periods,
the denial of the opportunity to participate in a credit qualifying
assignment may be renewed upon a hearing and finding by the
director.

(5) The prisoner may appeal the decision through the
department’s review procedure, which shall include a review by
an individual independent of the institution who has supervisorial
authority over the institution.

(b) For any credit accumulated pursuant to Section 2931, not
more than 30 days of participation credit may be denied or lost for
a single failure or refusal to participate. Any act of misconduct
described by the Department of Corrections and Rehabilitation as
a serious disciplinary infraction if committed while participating
in work, educational, vocational, therapeutic, or other prison
activity shall be deemed a failure to participate.

(c) Any procedure not provided for by this section, but necessary
to carry out the purposes of this section, shall be those procedures
provided for by the Department of Corrections and Rehabilitation
for serious disciplinary infractions if those procedures are not in
conflict with this section.

(1) (A) The Department of Corrections and Rehabilitation shall,
using reasonable diligence to investigate, provide written notice
to the prisoner. The written notice shall be given within 15 days
after the discovery of information leading to charges that may
result in a possible denial of credit, except that if the prisoner has
escaped, the notice shall be given within 15 days of the prisoner’s
return to the custody of the secretary. The written notice shall
include the specific charge, the date, the time, the place that the
alleged misbehavior took place, the evidence relied upon, a written
explanation of the procedures that will be employed at the
proceedings and the prisoner’s rights at the hearing. The hearing
shall be conducted by an individual who shall be independent of
the case and shall take place within 30 days of the written notice.

(B) The Department of Corrections and Rehabilitation may
delay written notice beyond 15 days when all of the following
factors are true:

(i) An act of misconduct is involved which could be prosecuted
as murder, attempted murder, or assault on a prison employee,
whether or not prosecution is undertaken.

(ii) Further investigation is being undertaken for the purpose of
identifying other prisoners involved in the misconduct.

(iii) Within 15 days after the discovery of information leading
to charges that may result in a possible denial of credit, the
investigating officer makes a written request to delay notifying
that prisoner and states the reasons for the delay.

(iv) The warden of the institution approves of the delay in
writing.

The period of delay under this paragraph shall not exceed 30
days. The prisoner’s hearing shall take place within 30 days of the
written notice.

(2) The prisoner may elect to be assigned an employee to assist
in the investigation, preparation, or presentation of a defense at
the disciplinary hearing if it is determined by the department that
either of the following circumstances exist:

(A) The prisoner is illiterate.

(B) The complexity of the issues or the prisoner’s confinement
status makes it unlikely that the prisoner can collect and present
the evidence necessary for an adequate comprehension of the case.

(3) The prisoner may request witnesses to attend the hearing
and they shall be called unless the person conducting the hearing
has specific reasons to deny this request. The specific reasons shall
be set forth in writing and a copy of the document shall be
presented to the prisoner.

(4) The prisoner has the right, under the direction of the person
conducting the hearing, to question all witnesses.

(5) At the conclusion of the hearing the charge shall be
dismissed if the facts do not support the charge, or the prisoner
may be found guilty on the basis of a preponderance of the
evidence.

(d) If found guilty the prisoner shall be advised in writing of
the guilty finding and the specific evidence relied upon to reach
this conclusion and the amount of time-credit loss. The prisoner
may appeal the decision through the department’s review
procedure, and may, upon final notification of appeal denial, within
15 days of the notification demand review of the department’s
denial of credit to the Board of Parole Hearings, and the board
may affirm, reverse, or modify the department’s decision or grant
a hearing before the board at which hearing the prisoner shall have
the rights specified in Section 3041.5.

(e) Each prisoner subject to Section 2931 shall be notified of
the total amount of good behavior and participation credit which
may be credited pursuant to Section 2931, and his or her anticipated
time-credit release date. The prisoner shall be notified of any
change in the anticipated release date due to denial or loss of
credits, award of worktime credit, under Section 2933, or the
restoration of any credits previously forfeited.

(f) (1) If the conduct the prisoner is charged with also
constitutes a crime, the department may refer the case to criminal
authorities for possible prosecution. The department shall notify
the prisoner, who may request postponement of the disciplinary
proceedings pending the referral.

(2) The prisoner may revoke his or her request for postponement
of the disciplinary proceedings up until the filing of the accusatory
pleading. In the event of the revocation of the request for
postponement of the proceeding, the department shall hold the
hearing within 30 days of the revocation.

(3) Notwithstanding the notification requirements in this
paragraph and subparagraphs (A) and (B) of paragraph (1) of
subdivision (c), in the event the case is referred to criminal
authorities for prosecution and the authority requests that the
prisoner not be notified so as to protect the confidentiality of its
investigation, no notice to the prisoner shall be required until an
accusatory pleading is filed with the court, or the authority notifies
the warden, in writing, that it will not prosecute or it authorizes
the notification of the prisoner. The notice exceptions provided
for in this paragraph shall only apply if the criminal authority
requests of the warden, in writing, and within the 15 days provided
in subparagraph (A) of paragraph (1) of subdivision (c), that the
prisoner not be notified. Any period of delay of notice to the
prisoner shall not exceed 30 days beyond the 15 days referred to
in subdivision (c). In the event that no prosecution is undertaken,
the procedures in subdivision (c) shall apply, and the time periods
set forth in that subdivision shall commence to run from the date
the warden is notified in writing of the decision not to prosecute.
In the event the authority either cancels its requests that the prisoner
not be notified before it makes a decision on prosecution or files
an accusatory pleading, the provisions of this paragraph shall apply
as if no request had been received, beginning from the date of the
cancellation or filing.

(4) In the case where the prisoner is prosecuted by the district
attorney, the Department of Corrections and Rehabilitation shall
not deny time credit where the prisoner is found not guilty and
may deny credit if the prisoner is found guilty, in which case the
procedures in subdivision (c) shall not apply.

(g) If time credit denial proceedings or criminal prosecution
prohibit the release of a prisoner who would have otherwise been
released, and the prisoner is found not guilty of the alleged
misconduct, the amount of time spent incarcerated, in excess of
what the period of incarceration would have been absent the alleged
misbehavior, shall be deducted from the prisoner’s parole period.

(h) Nothing in the amendments to this section made at the
1981-82 Regular Session of the Legislature shall affect the granting
or revocation of credits attributable to that portion of the prisoner’s
sentence served prior to January 1, 1983.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2933.6 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

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) or upon validation
as a prison gang member or associate 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) This 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) This section does not apply during any period during which
an offender in the Security Housing Unit has remained free of
disciplinary action for six consecutive months.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation to address or modify the use of segregated housing units
in the state prison system.

end delete