California Assembly Bill AB2392 Latest Draft

 BILL NUMBER: AB 2392AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 8, 2010 INTRODUCED BY Assembly Member Torrico FEBRUARY 19, 2010 An act to amend  Section 3050   Sections 2933, 2933.3, and 2933.6  of the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGEST AB 2392, as amended, Torrico.  Parole: substance abuse programs.   Inmates: incentive credits.   Existing law provides that it is the intent of the Legislature that persons sentenced to prison for a determinate sentence serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation, as specified. Existing law provides that except regarding certain prisoners who are limited to 15% credit against sentenced time, for every 6 months of continuous incarceration, a prisoner shall be awarded credit reductions from his or her term of confinement of 6 months. Existing law provides that prisoners who are denied the opportunity to earn credits for the commission of specified crimes or misconduct shall be awarded no credit reduction pursuant to these provisions.   The bill would instead provide that, except for those prisoners subject to the 15% limitation on credits noted above, for every 6 months of full-time performance in a credit qualifying program, a prisoner shall be awarded credit reductions of 6 months. The bill would provide that prisoners who refuse to accept a full-time credit qualifying assignment shall be awarded no credit reduction. The bill would provide for the earning of credit reductions for prisoners who voluntarily accept a half-time credit qualifying assignment and prisoners who are willing to participate in a full-time credit qualifying assignment but who are either not assigned to a full-time assignment or are assigned to a program for less than full-time.   Existing law places a limit on the number of days of lost credit that may be restored for the commission or attempted commission of certain crimes by prisoners.   This bill would provide that in order for the limitation on the restoration of credits to apply, the crime committed or attempted must be a felony.   The bill would make other conforming changes.   Existing law provides that any inmate under the custody of the Department of Corrections and Rehabilitation who is not currently serving and has not served a sentence for certain crimes, who has successfully completed an in prison drug treatment program, upon release from state prison, shall, whenever possible, be entered into a residential aftercare drug treatment program, as specified.   This bill would make a nonsubstantive change to that provision.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 2933 of the   Penal Code   is amended to read:  2933. (a) It is the intent of the Legislature that persons convicted of a crime and sentenced to the state prison under Section 1170 serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation  pursuant to this section and Section 2933.05   for active participation in work, training, education, or substance abuse programs established by the secretary. Worktime credits shall apply for performance in work assignments and performance in elementary, high school, or vocational education programs. Enrollment in a two- or four-year college program leading to a degree shall result in the application of time   credits equal to that provided in Section 2931  .  (b) For   For  every six months of  continuous incarceration   full-time performance in a credit qualifying program, as designated by the secretary  , a prisoner shall be awarded  worktime  credit reductions from his or her term of confinement of six months. A lesser amount of credit based on this ratio shall be awarded for any lesser period of continuous  incarceration. Credit   performance. Less than maximum credit  should be awarded pursuant to regulations adopted by the secretary  for prisoners not assigned to a full-time credit qualifying program  .  Prisoners who are   Every prisoner who refuses to accept a full-time credit qualifying assignment or who is  denied the opportunity to earn  worktime  credits pursuant to subdivision (a) of Section 2932 shall be awarded no  worktime  credit reduction  pursuant to this section  .  Every prisoner who voluntarily accepts a half-time credit qualifying assignment in lieu of a full-time assignment shall be awarded worktime credit reductions from his or her term of confinement of three months for each six-month period of continued performance. Except as provided in subdivision (a) of Section 2932, every prisoner willing to participate in a full-time credit qualifying assignment but who is either not assigned to a full-time assignment or is assigned to a program for less than full-time, shall receive no less credit than is provided under Section 2931.  Under no circumstances shall any prisoner receive more than six months' credit reduction for any six-month period under this section.  (c)   (b)   Credit   Worktime credit  is a privilege, not a right.  Credit   Worktime credit  must be earned and may be forfeited pursuant to the provisions of Section 2932. Except as provided in subdivision (a) of Section 2932, every eligible prisoner shall have a reasonable opportunity to participate  in a full-time credit qualifying assignment in a manner consistent with institutional security and available resour   ces  .  (d)   (c)  Under regulations adopted by the Department of Corrections and Rehabilitation, which shall require a period of not more than one year free of disciplinary infractions,  worktime  credit which has been previously forfeited may be restored by the secretary. The regulations shall provide for separate classifications of serious disciplinary infractions as they relate to restoration of credits, the time period required before forfeited credits or a portion thereof may be restored, and the percentage of forfeited credits that may be restored for these time periods. For credits forfeited  for commission of a felony  as specified in paragraph (1) of subdivision (a) of Section 2932, the Department of Corrections and Rehabilitation may provide that up to 180 days of lost credit shall not be restored and up to 90 days of credit shall not be restored for a forfeiture resulting from conspiracy or attempts to commit one of those acts. No credits may be restored if they were forfeited for a serious disciplinary infraction in which the victim died or was permanently disabled. Upon application of the prisoner and following completion of the required time period free of disciplinary offenses, forfeited credits eligible for restoration under the regulations for disciplinary offenses other than serious disciplinary infractions punishable by a credit loss of more than 90 days shall be restored unless, at a hearing, it is found that the prisoner refused to accept or failed to perform in a credit qualifying assignment, or extraordinary circumstances are present that require that credits not be restored. "Extraordinary circumstances" shall be defined in the regulations adopted by the secretary. However, in any case in which  worktime  credit was forfeited for a serious disciplinary infraction punishable by a credit loss of more than 90 days, restoration of credit shall be at the discretion of the secretary. The prisoner may appeal the finding through the Department of Corrections and Rehabilitation's review procedure, which shall include a review by an individual independent of the institution who has supervisorial authority over the institution.  (e) A prisoner sentenced to the state prison under Section 1170 shall receive one day of credit for every day served in a county jail, city jail, industrial farm, or road camp after the date he or she was sentenced to the state prison as specified in subdivision (f) of Section 4019.   (f)   (d)  The provisions of subdivision  (d)   (c)  shall also apply in cases of credit forfeited under Section 2931 for offenses and serious disciplinary infractions occurring on or after January 1, 1983.  SEC. 2.   Section 2933.3 of the   Penal Code   is amended to read:  2933.3. (a) Notwithstanding any other law, any inmate assigned to a conservation camp by the Department of Corrections and Rehabilitation, who is eligible to earn one day of  worktime  credit for every one day of  incarceration   service  pursuant to Section 2933 shall instead earn two days of  worktime  credit for every one day of service.  The   The  enhanced  worktime  credit authorized pursuant to this subdivision shall only apply to  those prisoners eligible   service performed  after January 1, 2003. (b) Notwithstanding any other law, any inmate who has completed training for assignment to a conservation camp or to a correctional institution as an inmate firefighter or who is assigned to a correctional institution as an inmate firefighter and who is eligible to earn one day of credit for every one day of incarceration pursuant to Section 2933 shall instead earn two days of credit for every one day served in that assignment or after completing that training. (c) In addition to credits granted pursuant to subdivision (a) or (b), inmates who have successfully completed training for firefighter assignments shall receive a credit reduction from his or her term of confinement pursuant to regulations adopted by the secretary. (d) The credits authorized in subdivisions (b) and (c) shall only apply to inmates who are eligible after July 1, 2009.  SEC. 3.   Section 2933.6 of the   Penal Code   is amended to read:  2933.6. (a) Notwithstanding any other law, a person who is placed in a Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or an Administrative Segregation Unit for misconduct described in subdivision (b) or upon validation as a prison gang member or associate is ineligible to earn  work credits or good behavior credits pursuant to Section 2933 or 2933.05 during the time he or she is in the Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or the Administrative Segregation Unit for that misconduct. (b) This section applies to the following offenses: (1) Murder, attempted murder, and solicitation of murder. For purposes of this paragraph, solicitation of murder shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances. (2) Manslaughter. (3) Assault or battery causing serious bodily injury. (4) Assault or battery on a peace officer or other nonprisoner which results in physical injury. (5) Assault with a deadly weapon or caustic substance. (6) Rape, attempted rape, sodomy, attempted sodomy, oral copulation, or attempted oral copulation accomplished against the victim's will. (7) Taking a hostage. (8) Escape or attempted escape with force or violence. (9) Escape from any departmental prison or institution other than a camp or reentry facility. (10) Possession or manufacture of a deadly weapon or explosive device. (11) Arson involving damage to a structure. (12) Possession of flammable, explosive material with intent to burn any structure or property. (13) Solicitation of assault with a deadly weapon or assault by means of force likely to produce great bodily injury, arson, or a forcible sex act. (14) Intentional destruction of state property in excess of four hundred dollars ($400) during a riot or disturbance. (c) This section does not apply if the administrative finding of the misconduct is overturned or if the person is criminally prosecuted for the misconduct and is found not guilty.  SECTION 1.   Section 3050 of the Penal Code is amended to read: 3050. (a) Notwithstanding any other provision of law, an inmate under the custody of the Department of Corrections and Rehabilitation who is not currently serving and has not served a prior indeterminate sentence or a sentence for a violent felony, a serious felony, or a crime that requires him or her to register as a sex offender pursuant to Section 290, who has successfully completed an in prison drug treatment program, upon release from state prison, shall, whenever possible, be entered into a 150-day residential aftercare drug treatment program sanctioned by the department. (b) As a condition of parole, if the inmate successfully completes 150 days of residential aftercare treatment, as determined by the Department of Corrections and Rehabilitation and the aftercare provider, the parolee shall be discharged from parole supervision at that time. (c) Commencing with 2008, the department shall report annually to the Joint Legislative Budget Committee and the State Auditor on the effectiveness of these provisions, including recidivism rates.