Today's Law As Amended


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AB-292 Corrections: prison credits.(2021-2022)



As Amends the Law Today


SECTION 1.

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

2933.7.
 (a) The Department of Corrections and Rehabilitation shall conduct programming in a manner that does all of the following:
(1) Prevents facility transfers from disrupting an incarcerated person’s programming. To accomplish this, the department shall, among other things, allow for voluntary facility transfers first.
(2) Prioritizes an incarcerated person that has transferred facilities for similar programs at the new facility.
(3) Ensures programming is offered even if the institution, facility, or section of the institution or facility is restricting in-person programming because of a security or medical concern.
(4) If distance learning or other alternatives to in-person programming are offered, ensure that those alternatives do not diminish in-person programming.
(5) Minimizes programming wait lists, especially in those institutions or facilities where programming wait lists exceed one year.
(6) Minimizes conflicts with an incarcerated person’s work schedule.
(7) Is available without restrictions to incarcerated persons that have recently changed status, security level, or facility.
(8) Offers an equitable selection of programming to incarcerated persons regardless of security level or sentence length.
(b) The Department of Corrections and Rehabilitation shall award credits in a manner that does all of the following:
(1) Prevents disruptions in credits due to nonadverse transfers.
(2) Ensures credit-earning opportunities are still provided if an institution, facility, or section of an institution or facility is restricted for a security or medical concern.
(3) Ensures that credits are received when a program is canceled.
(4) Provides credits for all in-prison jobs, including, but not limited to, clerks, librarians, and porters, that is equitable to programming credits.
(5) Provides the same credit-earning opportunities and incentives for rehabilitative programming for incarcerated persons who participate in in-prison programming as afforded to those 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 incarcerated person 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 incarcerated person 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 incarcerated person serving a determinate term for a violent felony who does not have a VIO administrative determinant.
(4) An incarcerated person 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 incarcerated person 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 incarcerated person who does not have a VIO administrative determinant includes, but is not limited to, a person 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 incarcerated person 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 incarcerated person who is 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.