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ACA-17 Criminal sentences: fentanyl-related convictions.(2023-2024)

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Constitutional Amendment
No. 17

Introduced by Assembly Member Vince Fong

February 12, 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 I, relating to criminal sentences.


LEGISLATIVE COUNSEL'S DIGEST


ACA 17, as introduced, Vince Fong. Criminal sentences: fentanyl-related convictions.
The California Constitution grants to the Department of Corrections and Rehabilitation exclusive authority to award inmates credits toward their sentences earned for good behavior and approved rehabilitative or educational achievements.
This measure would authorize the Legislature to enact legislation to prescribe the earning of credits by those convicted of offenses related to fentanyl.
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 fourth day of December 2023, 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 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 their 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 Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.
(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.
(c) Notwithstanding paragraph (2) of subdivision (a), the Legislature may enact legislation to prescribe the earning of credits by those convicted of offenses related to fentanyl.