Today's Law As Amended


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



As Amends the Law Today


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.