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AB-3160 Corrections: prison credits.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3160:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3160


Introduced by Assembly Member Mark Stone

February 21, 2020


An act to add Sections 2933.7 and 2933.8 to the Penal Code, relating to corrections.


LEGISLATIVE COUNSEL'S DIGEST


AB 3160, as introduced, Mark Stone. Corrections: prison credits.
The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, grants the Department of Corrections and Rehabilitation the authority to award credits earned for good behavior and approved rehabilitative or educational achievements and requires the department to adopt regulations in furtherance of this grant of authority.
Existing law generally awards an inmate 6 months of credit reductions for every 6 months of continuous incarceration. Existing law, as added by Proposition 184 at the November 8, 1994, statewide general election, restricts the total amount of credits that an inmate convicted of a serious or violent felony, as defined, can receive to no more than 1/5 of the total term of imprisonment.
This bill would direct the department to use its constitutional authority to award specified credits to inmates who are incarcerated for a violent felony or for a nonviolent second- or third-strike felony and who do not have a specified administrative classification determined by the department at a rate of a one-day reduction in the term of confinement for every day of incarceration. The bill would provide that an inmate receive the credits set forth in the bill unless the inmate is eligible for more credit pursuant to the Penal Code or the California Constitution. The bill would require the department to award credits and conduct rehabilitative programming in a manner that meets specified requirements, such as preventing nonadverse facility transfers from disrupting an inmate’s credit-earning rehabilitative programming.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2933.7 is added to the Penal Code, to read:

2933.7.
 The Department of Corrections and Rehabilitation shall award credits and conduct programming in a manner that does all of the following:
(a) Prevents facility transfers from disrupting an inmate’s programming. To accomplish this, the department shall, among other things, allow for voluntary facility transfers first.
(b) Prevents disruptions in credits due to nonadverse transfers and prioritizes a transferred inmate for similar programs at the new facility.
(c) Ensures programming is offered even if the facility is on lockdown and that credits are received when the prison cancels a program.
(d) Develops opportunities for inmates to earn milestone completion credits afforded pursuant to Section 3043.3 of Title 15 of the California Code of Regulations for all in-prison jobs, including, but not limited to, clerks, librarians, and porters.
(e) Provides the same credit-earning opportunities and incentives for rehabilitative programming for inmates who participate in in-prison programming as afforded to inmates who participate in a Department of Forestry and Fire Protection fire camp.

SEC. 2.

 Section 2933.8 is added to the Penal Code, to read:

2933.8.
 (a) The Department of Corrections and Rehabilitation shall use its authority pursuant to Section 32 of Article I of the California Constitution to award one day of Good Conduct Credit for every day of incarceration (50 percent) to all of the following:
(1) An inmate sentenced to a determinate term under subdivision (c) of Section 1170.12 or under subdivision (c) or (e) of Section 667, who is not serving a term for a violent felony and does not have a VIO administrative determinant.
(2) An inmate sentenced to an indeterminate term under subdivision (c) of Section 1170.12 or under subdivision (c) or (e) of Section 667, who is not serving a term for a violent felony and does not have a VIO administrative determinant.
(3) An inmate serving a determinate term for a violent felony who does not have a VIO administrative determinant.
(4) An inmate serving an indeterminate term for a violent felony who does not have a VIO administrative determinant.
(b) For purposes of this section, all of the following apply:
(1) (A) “VIO administrative determinant” means the classification given to an inmate by the department pursuant to paragraph (28) of subdivision (b) of Section 3375.2 of Title 15 of the California Code of Regulations.
(B) An inmate who does not have a VIO administrative determinant includes, but is not limited to, an inmate for whom a previous VIO administrative determinant was removed or for whom a VIO administrative determinant was not imposed initially, pursuant to subparagraph (J) of paragraph (28) of subdivision (b) of Section 3375.2 of Title 15 of the California Code of Regulations.
(2) “Good Conduct Credit” means credit awarded to an inmate by the department pursuant to Section 3043.2 of Title 15 of the California Code of Regulations.
(3) “Violent felony” has the same meaning as that term is defined in subdivision (c) of Section 667.5.
(c) An inmate eligible for credit pursuant to this section shall receive credit as specified in subdivision (a), unless eligible for more credit pursuant to this code or as awarded by the department in exercise of its authority pursuant to Section 32 of Article I of the California Constitution.