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ACA-15 Corrections: parole consideration and credit earning.(2023-2024)

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Constitutional Amendment
No. 15

Introduced by Assembly Member Alanis

January 22, 2024

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 32 of Article 1 thereof, relating to corrections.


LEGISLATIVE COUNSEL'S DIGEST


ACA 15, as introduced, Alanis. Corrections: parole consideration and credit earning.
The California Constitution, pursuant to provisions enacted by the initiative Proposition 57 in 2016, requires a person convicted of a nonviolent felony offense and sentenced to state prison to be eligible for parole consideration after completing the full term for their primary offense and authorizes the Department of Corrections and Rehabilitation to award credits earned for good behavior and approved rehabilitative or educational achievements.
This measure would exclude from those above-described provisions an inmate serving a sentence for a sex offense, as specified.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2023-24 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

 That Section 32 of Article I thereof is amended to read:

SEC. 32.
 (a) The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law:
(1) Parole Consideration: Any Except as provided in paragraph (3), a person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her the inmate’s primary offense.

(A)For

For purposes of this section only, the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.
(2) Credit Earning: The Except as provided in paragraph (3), the Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.
(3) Paragraphs (1) and (2) do not apply to an inmate serving a sentence for a sex offense that will require registration as a sex offender under the Sex Offender Registration Act, codified in Sections 290 through 290.024, inclusive, of the Penal Code, or any successor statute. This paragraph does not apply to credits earned or grants of parole issued prior to the effective date of this paragraph.
(b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.