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AB-2766 Prisons: parole calculations and inmate release credits.(2023-2024)

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Date Published: 05/16/2024 10:21 PM
AB2766:v97#DOCUMENT

Amended  IN  Assembly  May 16, 2024
Amended  IN  Assembly  April 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2766

Introduced by Assembly Members Low and Dixon

February 15, 2024

An act to add Section 7923.611 to the Government Code, 2937 to the Penal Code, relating to public records. prisons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2766, as amended, Low. Public records: parole Prisons: parole calculations and inmate release credits.

Existing law, the California Public Records Act, requires state and local agencies to make their records available for inspection by the public, subject to specified criteria and with specified exceptions. Existing law exempts from disclosure any investigatory or security file compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.

Under existing law, criminal offenders sentenced to imprisonment in the state prison are sentenced for either a determinate term or an indeterminate life sentence, and a person sentenced to an indeterminate life sentence is held until release by the Board of Parole Hearings. Under existing law, a person sentenced to a determinate sentence is released after serving the term of their sentence, minus any credits earned, and is required to serve a period of time after release under parole supervision.
Existing constitutional provisions, enacted by Proposition 57 at the November 8, 2016, statewide general election, make an inmate sentenced to state prison for a conviction of a nonviolent felony offense eligible for early parole consideration after completing the full term for their primary offense, as defined.
This bill would provide that Department of Corrections and Rehabilitation records pertaining to an inmate’s release date and their early release credits are public records and are subject to disclosure under the California Public Records Act, with specified exceptions. The bill would require the department, Department of Corrections and Rehabilitation, by March 1, 2026, and by March 1 of each year thereafter, to compile an annual report for each department facility that awards sentence credits, as specified, and post that report on its internet website.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2937 is added to the Penal Code, to read:

2937.
 By March 1, 2026, and by March 1 of each year thereafter, the Department of Corrections and Rehabilitation shall compile an annual report for each department facility that awards sentence credits for rehabilitation, good behavior, and education programs during the prior calendar year. The annual report, which shall be posted on the department’s internet website, shall include the following information:
(a) The number of inmates at the facility who participated in rehabilitation, good behavior, and education programs during the year.
(b) The total number of hours of sentence credits earned by inmates, compiled in categories used by the department for sentence credits, including for activities in groups, educational programs, career technical education programs, treatment programs, prerelease programs, and grant programs.

SECTION 1.Section 7923.611 is added to the Government Code, to read:
7923.611.

(a)(1)To the extent that disclosure is not prohibited by subdivision (b) or any other provision of the Public Records Act, department records pertaining to an inmate’s release date and the early release credits earned by an inmate are public records and are subject to disclosure under this division.

(2)A disclosure under this section shall be limited to the total number of days of credit that were based on each of the following categories:

(A)Good behavior.

(B)Rehabilitation and education program participation.

(C)Pretrial release credits.

(b)This section does not allow the disclosure of either of the following:

(1)Department of Corrections and Rehabilitation records that are subject to the privacy protections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) or the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code).

(2)Early release credits earned by an in-custody informant for providing exceptional assistance in maintaining the safety and security of a prison, as described in Section 2935 of the Penal Code.

(c)By March 1, 2026, and by March 1 of each year thereafter, the department shall compile an annual report for each department facility that awards sentence credits for rehabilitation, good behavior, and education programs during the prior calendar year. The annual report, which shall be posted on the department’s internet website, shall include the following information:

(1)The number of inmates at the facility who participated in rehabilitation, good behavior, and education programs during the year.

(2)The total number of hours of sentence credits earned by inmates, compiled in categories used by the department for sentence credits, including for activities in groups, educational programs, career technical education programs, treatment programs, prerelease programs, and grant programs.

(d)As used in this section, the following terms have the following meanings:

(1)“Department” means the Department of Corrections and Rehabilitation.

(2)“In-custody informant” has the same meaning as in subdivision (a) of Section 1127a of the Penal Code.