Bill Text: CA AB1395 | 2009-2010 | Regular Session | Amended
Bill Title: Inmates: incentive credits.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2010-02-19 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. [AB1395 Detail]
Download: California-2009-AB1395-Amended.html
BILL NUMBER: AB 1395 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 19, 2010
AMENDED IN SENATE JUNE 29, 2009
INTRODUCED BY Assembly Member Torrico
( Coauthor: Senator Correa
)
FEBRUARY 27, 2009
An act to add Section 3005 to the Penal Code, relating to
parole. An act to amend Sections 2933 and 4019 of the
Penal Code, relating to inmates, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1395, as amended, Torrico. Parole: conditions.
Inmates: incentive credits.
Existing law provides time credit for work performance and good
behavior to prisoners confined to a county jail, industrial farm, or
road camp, or any city jail, industrial farm, or road camp.
Specifically, except regarding certain prisoners who are limited to
15% credit against sentenced time, existing law provides that a term
of 4 days will be deemed to have been served for every 2 days spent
in actual custody in one of these facilities, except that a term of 6
days will be deemed to have been served for every 4 days in actual
custody for prisoners required to register as sex offenders,
prisoners committed for a serious felony, or prisoners with a prior
conviction for a serious or violent felony.
This bill would instead provide that prisoners sentenced to state
prison, except for those required to register as sex offenders,
committed for a serious felony, or with a previous conviction for a
serious or violent felony, who are confined in a city or county jail,
industrial farm, or road camp prior to and after the date of a
sentence to state prison shall have one day deducted from his or her
period of confinement for every day the prisoner served in a city or
county jail, industrial farm, or road camp. The bill would provide
that a prisoner sentenced to state prison who is confined in a city
or county jail, industrial farm, or road camp may not receive the day
for day credit if it appears by the record that the prisoner refused
to satisfactorily perform labor or failed to satisfactorily comply
with rules and regulations, as specified. The bill would provide
that, for prisoners otherwise in a county jail, industrial farm, or
road camp, or any city jail, industrial farm, or road camp, except
those subject to the 15% limitation on credits noted above, a term of
6 days will be deemed to have been served for every 4 days spent in
actual custody. Because this bill would change the punishment for
crimes, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law authorizes the imposition of various conditions on
persons released from prison on parole. Under existing law, one of
the conditions imposed upon a prisoner released on parole is that the
prisoner agree to be subject to search or seizure by a parole
officer or other peace officer at any time of the day or night, with
or without a search warrant and with or without cause. If the
prisoner does not agree to that condition of release, he or she loses
worktime credits earned and may not be released from prison until he
or she agrees to that condition or the entire term of imprisonment
has expired, as specified.
This bill would, instead, require that any person being released
on parole who was not committed to prison for a registerable sex
offense, a serious felony, a violent felony, or any felony that
directly or indirectly involved violence or the threat of violence,
and who does not have a prior conviction for a serious or violent
felony, be released on parole with only two conditions. Specifically,
this bill would provide that an eligible parolee shall agree in
writing to be subject to search or seizure and submit to random drug
testing by a parole officer or other peace officer at any time of the
day or night, with or without a search warrant and with or without
cause. This bill would provide that any eligible inmate who does not
agree in writing to those conditions shall lose worktime credit
earned pursuant to specified provisions on a day-for-day basis and
shall not be released until he or she either agrees in writing to
these conditions or has no remaining worktime credit, whichever
occurs first.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .
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 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 prisoner receive more than six months' 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) 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 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 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) A prisoner sentenced to the state prison under Section 1170
shall receive one day of credit for every day served in a county
jail, city jail, industrial farm, or road camp after the date he or
she was sentenced to the state prison as specified in subdivision (f)
of Section 4019.
(e) (1) Notwithstanding Section 4019, a prisoner sentenced to the
state prison under Section 1170 shall have one day deducted from his
or her period of confinement for every day he or she served in a
county jail, city jail, industrial farm, or road camp prior to and
after the date he or she was sentenced to a state prison term for
which imposition or execution is not suspended.
(2) A prisoner may not receive the credit specified in paragraph
(1) if it appears by the record that the prisoner has refused to
satisfactorily perform labor as assigned by, or has not
satisfactorily complied with the reasonable rules and regulations
established by the sheriff, chief of police, or superintendent of an
industrial farm or road camp.
(3) Section 4019, and not this subdivision, shall apply if the
prisoner is required to register as a sex offender, pursuant to
Chapter 5.5 (commencing with Section 290), was committed for a
serious felony, as defined in Section 1192.7, or has a prior
conviction for a serious felony, as defined in Section 1192.7, or a
violent felony, as defined in Section 667.5.
(f) 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.
SEC. 2. Section 4019 of the Penal Code
is amended to read:
4019. (a) The provisions of this section shall apply in all of
the following cases:
(1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
(2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.
(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
(b) (1) Except as
provided in Section 2933.1 and paragraph (2), subject
Subject to the provisions of subdivision (d), for each
four-day six-day period in which a prisoner is
confined in or committed to a facility as specified in this section,
one day shall be deducted from his or her period of confinement
unless it appears by the record that the prisoner has refused to
satisfactorily perform labor as assigned by the sheriff, chief of
police, or superintendent of an industrial farm or road camp.
(2) If the prisoner is required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290), was committed
for a serious felony, as defined in Section 1192.7, or has a prior
conviction for a serious felony, as defined in Section 1192.7, or a
violent felony, as defined in Section 667.5, subject to the
provisions of subdivision (d), for each six-day period in which the
prisoner is confined in or committed to a facility as specified in
this section, one day shall be deducted from his or her period of
confinement unless it appears by the record that the prisoner has
refused to satisfactorily perform labor as assigned by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
(c) (1) Except as
provided in Section 2933.1 and paragraph (2), for For
each four-day six-day period in
which a prisoner is confined in or committed to a facility as
specified in this section, one day shall be deducted from his or her
period of confinement unless it appears by the record that the
prisoner has not satisfactorily complied with the reasonable rules
and regulations established by the sheriff, chief of police, or
superintendent of an industrial farm or road camp.
(2) If the prisoner is required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290), was committed
for a serious felony, as defined in Section 1192.7, or has a prior
conviction for a serious felony, as defined in Section 1192.7, or a
violent felony, as defined in Section 667.5, for each six-day period
in which the prisoner is confined in or committed to a facility as
specified in this section, one day shall be deducted from his or her
period of confinement unless is appears by the record that the
prisoner has not satisfactorily complied with the reasonable rules
and regulations established by the sheriff, chief of police, or
superintendent of an industrial farm or road camp.
(d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
(e) No deduction may be made under this section unless the person
is committed for a period of four six
days or longer , or six days or longer for persons described
in paragraph (2) of subdivision (b) or (c) .
(f) It is the intent of the Legislature that if all days are
earned under this section, a term of four six
days will be deemed to have been served for every two
four days spent in actual custody ,
except that a term of six days will be deemed to have been served for
every four days spent in actual custody for persons described in
paragraph (2) of subdivision (b) or (c) .
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to protect the citizens of California from crimes
committed by persons released from county facilities, it is necessary
that this legislation take effect immediately.
SECTION 1. Section 3005 is added to the Penal
Code, to read:
3005. (a) Notwithstanding any other provision of law, any inmate
released on parole on or after June 1, 2009, who is not required to
register as a sex offender pursuant to Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1, who was not committed to prison
for a serious felony, as defined in Section 1192.7, a violent felony,
as defined in Section 667.5, or any other felony that directly or
indirectly involved violence, and who does not have a prior
conviction for a serious or violent felony, shall be released on
parole with only two conditions; that he or she agree in writing to
be subject to search or seizure by a parole officer or other peace
officer at any time of the day or night, with or without a search
warrant and with or without cause, and that he or she agree in
writing to submit to random drug testing by a parole officer or other
peace officer at any time of the day or night, with or without a
search warrant and with or without cause.
(b) Any inmate subject to release pursuant to subdivision (a) who
does not agree in writing to those conditions shall lose worktime
credit earned pursuant to Article 2.5 (commencing with Section 2930)
of Chapter 7 on a day-for-day basis and shall not be released until
he or she either agrees in writing to that condition or has no
remaining worktime credit, whichever occurs first.
(c) Nothing in this section prohibits or limits any authority to
prosecute and punish a person released pursuant to subdivision (a)
for the commission of a new crime while released on parole.
