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AB-1652 Inmates: prison gangs.(2013-2014)

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Amended  IN  Assembly  May 23, 2014
Amended  IN  Assembly  April 03, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 1652


Introduced by Assembly Member Ammiano

February 11, 2014


An act to amend Section 2933.6 of 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. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) Subdivision (a) of this 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.

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