Bill Text


PDF |Add To My Favorites |Track Bill | print page

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

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/17/2021 09:00 PM
AB292:v98#DOCUMENT

Amended  IN  Assembly  March 17, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 292


Introduced by Assembly Member Stone

January 21, 2021


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


LEGISLATIVE COUNSEL'S DIGEST


AB 292, as amended, 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 incarcerated persons 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 require that an incarcerated person receive the credits set forth in the bill unless the incarcerated person 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 incarcerated person’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.
 (a) The Department of Corrections and Rehabilitation shall award credits and conduct programming in a manner that does all of the following:

(a)

(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.

(b)Prevents disruptions in credits due to nonadverse transfers and prioritizes

(2) Prioritizes an incarcerated person that has transferred facilities for similar programs at the new facility.

(c)

(3) Ensures programming is offered even if the facility is on lockdown and that credits are received when the prison cancels a program. institution, facility, or section of the institution or facility is restricting in-person programming because of a security or medical concern.

(d)Develops opportunities for incarcerated persons 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 incarcerated persons who participate in in-prison programming as afforded to those who participate in a Department of Forestry and Fire Protection fire camp.

(f)Offers distance learning or other alternatives to in-person programming.

(4) If distance learning or other alternatives to in-person programming are offered, ensure that those alternatives do not diminish in-person programming.

(g)

(5) Minimizes programming wait lists, especially in those institutions or facilities where programming wait lists exceed one year.

(h)

(6) Minimizes conflicts with an incarcerated person’s work schedule.

(i)

(7) Is available without restrictions to incarcerated persons that have recently changed status, security level, or facility.

(j)

(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.