California 2021 2021-2022 Regular Session

California Assembly Bill AB2730 Amended / Bill

Filed 03/24/2022

                    Amended IN  Assembly  March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2730Introduced by Assembly Member VillapuduaFebruary 18, 2022 An act to amend Section 213 of the Penal Code, relating to robbery. An act to add Chapter 4 (commencing with Section 9050) to Title 9 of Part 3 of the Penal Code, relating to prisons.LEGISLATIVE COUNSEL'S DIGESTAB 2730, as amended, Villapudua. Robbery: punishment. Prisons: rehabilitation programs.Existing law prescribes punishments, including incarceration, for various criminal offenses.This bill would create the California Antirecidivism and Public Safety Act pilot program. The bill would require the California Department of Corrections and Rehabilitation to sponsor the program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The bill would require the California Department of Corrections and Rehabilitation to find a suitable location and provide the resources necessary to fully implement the program. The bill would require eligible inmates to participate in a rehabilitations program and provide them access to specified resources.Existing law defines the crime of robbery as the felonious taking of anothers personal property from the individuals person or immediate presence, against the individuals will, by means of force or fear. Existing law specifies that robbery is punishable by imprisonment in the state prison for a term of years determined based on the facts of the offense.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 4 (commencing with Section 9050) is added to Title 9 of Part 3 of the Penal Code, to read: CHAPTER 4. California Antirecidivism and Public Safety Act Program9050. (a) The California Department of Corrections and Rehabilitation shall sponsor a pilot program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The California Department of Corrections and Rehabilitation shall find a suitable location and provide the resources necessary to fully implement the program.(b) To be eligible to participate, an inmate shall meet both of the following criteria:(1) Be eligible for release within two years.(2) Be selected to participate by the warden or the wardens designee.(c) Eligible inmates shall participate in a rehabilitation program that includes all of the following:(1) They shall be moved to a lower risk setting with other eligible inmates away from the general population to focus on their rehabilitation.(2) They shall participate in mandatory drug testing and substance abuse counseling, if applicable.(3) They shall participate in an education or training program that leads to employment before they are released.(d) As part of the program, eligible inmates shall have access to all of the following resources:(1) Mental and behavioral health assistance.(2) Guidance and support.(3) Counseling.(4) Group therapy.(5) Family reunification services.(6) Community resources.(7) Education, career technical education, or training programs.(8) Health care services.(9) Recovery groups.(10) Postrelease housing support services.(e) (1) The California Department of Corrections and Rehabilitation shall work to find employers looking to hire within a specified period of time before an eligible inmate is released.(2) Once an inmate has completed their education or training program, and before they are released, they shall be connected with their future employer once one has been identified.(3) The future employer shall be allowed to work with the inmate to prepare them to begin work as soon as they are released.(f) Eligible inmates shall be housed in a community campus setting where they will be monitored and will be allowed to move freely during the daytime hours in order to participate in all assigned activities with minor restrictions, as specified.(g) Eligible inmates, once released, shall continue to receive support from outside groups that can provide services, including transitional or permanent housing, if needed.SECTION 1.Section 213 of the Penal Code is amended to read:213.(a)Robbery is punishable as follows:(1)Robbery of the first degree is punishable as follows:(A)If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house; a vessel, as defined in Section 21 of the Harbors and Navigation Code, that is inhabited and designed for habitation; an inhabited floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code; a trailer coach, as defined in the Vehicle Code, that is inhabited; or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years.(B)In all cases other than those specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years.(2)Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years.(b)Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison.

 Amended IN  Assembly  March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2730Introduced by Assembly Member VillapuduaFebruary 18, 2022 An act to amend Section 213 of the Penal Code, relating to robbery. An act to add Chapter 4 (commencing with Section 9050) to Title 9 of Part 3 of the Penal Code, relating to prisons.LEGISLATIVE COUNSEL'S DIGESTAB 2730, as amended, Villapudua. Robbery: punishment. Prisons: rehabilitation programs.Existing law prescribes punishments, including incarceration, for various criminal offenses.This bill would create the California Antirecidivism and Public Safety Act pilot program. The bill would require the California Department of Corrections and Rehabilitation to sponsor the program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The bill would require the California Department of Corrections and Rehabilitation to find a suitable location and provide the resources necessary to fully implement the program. The bill would require eligible inmates to participate in a rehabilitations program and provide them access to specified resources.Existing law defines the crime of robbery as the felonious taking of anothers personal property from the individuals person or immediate presence, against the individuals will, by means of force or fear. Existing law specifies that robbery is punishable by imprisonment in the state prison for a term of years determined based on the facts of the offense.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 24, 2022

Amended IN  Assembly  March 24, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2730

Introduced by Assembly Member VillapuduaFebruary 18, 2022

Introduced by Assembly Member Villapudua
February 18, 2022

 An act to amend Section 213 of the Penal Code, relating to robbery. An act to add Chapter 4 (commencing with Section 9050) to Title 9 of Part 3 of the Penal Code, relating to prisons.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2730, as amended, Villapudua. Robbery: punishment. Prisons: rehabilitation programs.

Existing law prescribes punishments, including incarceration, for various criminal offenses.This bill would create the California Antirecidivism and Public Safety Act pilot program. The bill would require the California Department of Corrections and Rehabilitation to sponsor the program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The bill would require the California Department of Corrections and Rehabilitation to find a suitable location and provide the resources necessary to fully implement the program. The bill would require eligible inmates to participate in a rehabilitations program and provide them access to specified resources.Existing law defines the crime of robbery as the felonious taking of anothers personal property from the individuals person or immediate presence, against the individuals will, by means of force or fear. Existing law specifies that robbery is punishable by imprisonment in the state prison for a term of years determined based on the facts of the offense.This bill would make technical, nonsubstantive changes to that provision.

Existing law prescribes punishments, including incarceration, for various criminal offenses.

This bill would create the California Antirecidivism and Public Safety Act pilot program. The bill would require the California Department of Corrections and Rehabilitation to sponsor the program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The bill would require the California Department of Corrections and Rehabilitation to find a suitable location and provide the resources necessary to fully implement the program. The bill would require eligible inmates to participate in a rehabilitations program and provide them access to specified resources.

Existing law defines the crime of robbery as the felonious taking of anothers personal property from the individuals person or immediate presence, against the individuals will, by means of force or fear. Existing law specifies that robbery is punishable by imprisonment in the state prison for a term of years determined based on the facts of the offense.



This bill would make technical, nonsubstantive changes to that provision.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Chapter 4 (commencing with Section 9050) is added to Title 9 of Part 3 of the Penal Code, to read: CHAPTER 4. California Antirecidivism and Public Safety Act Program9050. (a) The California Department of Corrections and Rehabilitation shall sponsor a pilot program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The California Department of Corrections and Rehabilitation shall find a suitable location and provide the resources necessary to fully implement the program.(b) To be eligible to participate, an inmate shall meet both of the following criteria:(1) Be eligible for release within two years.(2) Be selected to participate by the warden or the wardens designee.(c) Eligible inmates shall participate in a rehabilitation program that includes all of the following:(1) They shall be moved to a lower risk setting with other eligible inmates away from the general population to focus on their rehabilitation.(2) They shall participate in mandatory drug testing and substance abuse counseling, if applicable.(3) They shall participate in an education or training program that leads to employment before they are released.(d) As part of the program, eligible inmates shall have access to all of the following resources:(1) Mental and behavioral health assistance.(2) Guidance and support.(3) Counseling.(4) Group therapy.(5) Family reunification services.(6) Community resources.(7) Education, career technical education, or training programs.(8) Health care services.(9) Recovery groups.(10) Postrelease housing support services.(e) (1) The California Department of Corrections and Rehabilitation shall work to find employers looking to hire within a specified period of time before an eligible inmate is released.(2) Once an inmate has completed their education or training program, and before they are released, they shall be connected with their future employer once one has been identified.(3) The future employer shall be allowed to work with the inmate to prepare them to begin work as soon as they are released.(f) Eligible inmates shall be housed in a community campus setting where they will be monitored and will be allowed to move freely during the daytime hours in order to participate in all assigned activities with minor restrictions, as specified.(g) Eligible inmates, once released, shall continue to receive support from outside groups that can provide services, including transitional or permanent housing, if needed.SECTION 1.Section 213 of the Penal Code is amended to read:213.(a)Robbery is punishable as follows:(1)Robbery of the first degree is punishable as follows:(A)If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house; a vessel, as defined in Section 21 of the Harbors and Navigation Code, that is inhabited and designed for habitation; an inhabited floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code; a trailer coach, as defined in the Vehicle Code, that is inhabited; or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years.(B)In all cases other than those specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years.(2)Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years.(b)Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison.

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

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

SECTION 1. Chapter 4 (commencing with Section 9050) is added to Title 9 of Part 3 of the Penal Code, to read: CHAPTER 4. California Antirecidivism and Public Safety Act Program9050. (a) The California Department of Corrections and Rehabilitation shall sponsor a pilot program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The California Department of Corrections and Rehabilitation shall find a suitable location and provide the resources necessary to fully implement the program.(b) To be eligible to participate, an inmate shall meet both of the following criteria:(1) Be eligible for release within two years.(2) Be selected to participate by the warden or the wardens designee.(c) Eligible inmates shall participate in a rehabilitation program that includes all of the following:(1) They shall be moved to a lower risk setting with other eligible inmates away from the general population to focus on their rehabilitation.(2) They shall participate in mandatory drug testing and substance abuse counseling, if applicable.(3) They shall participate in an education or training program that leads to employment before they are released.(d) As part of the program, eligible inmates shall have access to all of the following resources:(1) Mental and behavioral health assistance.(2) Guidance and support.(3) Counseling.(4) Group therapy.(5) Family reunification services.(6) Community resources.(7) Education, career technical education, or training programs.(8) Health care services.(9) Recovery groups.(10) Postrelease housing support services.(e) (1) The California Department of Corrections and Rehabilitation shall work to find employers looking to hire within a specified period of time before an eligible inmate is released.(2) Once an inmate has completed their education or training program, and before they are released, they shall be connected with their future employer once one has been identified.(3) The future employer shall be allowed to work with the inmate to prepare them to begin work as soon as they are released.(f) Eligible inmates shall be housed in a community campus setting where they will be monitored and will be allowed to move freely during the daytime hours in order to participate in all assigned activities with minor restrictions, as specified.(g) Eligible inmates, once released, shall continue to receive support from outside groups that can provide services, including transitional or permanent housing, if needed.

SECTION 1. Chapter 4 (commencing with Section 9050) is added to Title 9 of Part 3 of the Penal Code, to read:

### SECTION 1.

 CHAPTER 4. California Antirecidivism and Public Safety Act Program9050. (a) The California Department of Corrections and Rehabilitation shall sponsor a pilot program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The California Department of Corrections and Rehabilitation shall find a suitable location and provide the resources necessary to fully implement the program.(b) To be eligible to participate, an inmate shall meet both of the following criteria:(1) Be eligible for release within two years.(2) Be selected to participate by the warden or the wardens designee.(c) Eligible inmates shall participate in a rehabilitation program that includes all of the following:(1) They shall be moved to a lower risk setting with other eligible inmates away from the general population to focus on their rehabilitation.(2) They shall participate in mandatory drug testing and substance abuse counseling, if applicable.(3) They shall participate in an education or training program that leads to employment before they are released.(d) As part of the program, eligible inmates shall have access to all of the following resources:(1) Mental and behavioral health assistance.(2) Guidance and support.(3) Counseling.(4) Group therapy.(5) Family reunification services.(6) Community resources.(7) Education, career technical education, or training programs.(8) Health care services.(9) Recovery groups.(10) Postrelease housing support services.(e) (1) The California Department of Corrections and Rehabilitation shall work to find employers looking to hire within a specified period of time before an eligible inmate is released.(2) Once an inmate has completed their education or training program, and before they are released, they shall be connected with their future employer once one has been identified.(3) The future employer shall be allowed to work with the inmate to prepare them to begin work as soon as they are released.(f) Eligible inmates shall be housed in a community campus setting where they will be monitored and will be allowed to move freely during the daytime hours in order to participate in all assigned activities with minor restrictions, as specified.(g) Eligible inmates, once released, shall continue to receive support from outside groups that can provide services, including transitional or permanent housing, if needed.

 CHAPTER 4. California Antirecidivism and Public Safety Act Program9050. (a) The California Department of Corrections and Rehabilitation shall sponsor a pilot program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The California Department of Corrections and Rehabilitation shall find a suitable location and provide the resources necessary to fully implement the program.(b) To be eligible to participate, an inmate shall meet both of the following criteria:(1) Be eligible for release within two years.(2) Be selected to participate by the warden or the wardens designee.(c) Eligible inmates shall participate in a rehabilitation program that includes all of the following:(1) They shall be moved to a lower risk setting with other eligible inmates away from the general population to focus on their rehabilitation.(2) They shall participate in mandatory drug testing and substance abuse counseling, if applicable.(3) They shall participate in an education or training program that leads to employment before they are released.(d) As part of the program, eligible inmates shall have access to all of the following resources:(1) Mental and behavioral health assistance.(2) Guidance and support.(3) Counseling.(4) Group therapy.(5) Family reunification services.(6) Community resources.(7) Education, career technical education, or training programs.(8) Health care services.(9) Recovery groups.(10) Postrelease housing support services.(e) (1) The California Department of Corrections and Rehabilitation shall work to find employers looking to hire within a specified period of time before an eligible inmate is released.(2) Once an inmate has completed their education or training program, and before they are released, they shall be connected with their future employer once one has been identified.(3) The future employer shall be allowed to work with the inmate to prepare them to begin work as soon as they are released.(f) Eligible inmates shall be housed in a community campus setting where they will be monitored and will be allowed to move freely during the daytime hours in order to participate in all assigned activities with minor restrictions, as specified.(g) Eligible inmates, once released, shall continue to receive support from outside groups that can provide services, including transitional or permanent housing, if needed.

 CHAPTER 4. California Antirecidivism and Public Safety Act Program

 CHAPTER 4. California Antirecidivism and Public Safety Act Program

9050. (a) The California Department of Corrections and Rehabilitation shall sponsor a pilot program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The California Department of Corrections and Rehabilitation shall find a suitable location and provide the resources necessary to fully implement the program.(b) To be eligible to participate, an inmate shall meet both of the following criteria:(1) Be eligible for release within two years.(2) Be selected to participate by the warden or the wardens designee.(c) Eligible inmates shall participate in a rehabilitation program that includes all of the following:(1) They shall be moved to a lower risk setting with other eligible inmates away from the general population to focus on their rehabilitation.(2) They shall participate in mandatory drug testing and substance abuse counseling, if applicable.(3) They shall participate in an education or training program that leads to employment before they are released.(d) As part of the program, eligible inmates shall have access to all of the following resources:(1) Mental and behavioral health assistance.(2) Guidance and support.(3) Counseling.(4) Group therapy.(5) Family reunification services.(6) Community resources.(7) Education, career technical education, or training programs.(8) Health care services.(9) Recovery groups.(10) Postrelease housing support services.(e) (1) The California Department of Corrections and Rehabilitation shall work to find employers looking to hire within a specified period of time before an eligible inmate is released.(2) Once an inmate has completed their education or training program, and before they are released, they shall be connected with their future employer once one has been identified.(3) The future employer shall be allowed to work with the inmate to prepare them to begin work as soon as they are released.(f) Eligible inmates shall be housed in a community campus setting where they will be monitored and will be allowed to move freely during the daytime hours in order to participate in all assigned activities with minor restrictions, as specified.(g) Eligible inmates, once released, shall continue to receive support from outside groups that can provide services, including transitional or permanent housing, if needed.



9050. (a) The California Department of Corrections and Rehabilitation shall sponsor a pilot program to help inmates reintegrate into their communities, reduce recidivism, and increase public safety. The California Department of Corrections and Rehabilitation shall find a suitable location and provide the resources necessary to fully implement the program.

(b) To be eligible to participate, an inmate shall meet both of the following criteria:

(1) Be eligible for release within two years.

(2) Be selected to participate by the warden or the wardens designee.

(c) Eligible inmates shall participate in a rehabilitation program that includes all of the following:

(1) They shall be moved to a lower risk setting with other eligible inmates away from the general population to focus on their rehabilitation.

(2) They shall participate in mandatory drug testing and substance abuse counseling, if applicable.

(3) They shall participate in an education or training program that leads to employment before they are released.

(d) As part of the program, eligible inmates shall have access to all of the following resources:

(1) Mental and behavioral health assistance.

(2) Guidance and support.

(3) Counseling.

(4) Group therapy.

(5) Family reunification services.

(6) Community resources.

(7) Education, career technical education, or training programs.

(8) Health care services.

(9) Recovery groups.

(10) Postrelease housing support services.

(e) (1) The California Department of Corrections and Rehabilitation shall work to find employers looking to hire within a specified period of time before an eligible inmate is released.

(2) Once an inmate has completed their education or training program, and before they are released, they shall be connected with their future employer once one has been identified.

(3) The future employer shall be allowed to work with the inmate to prepare them to begin work as soon as they are released.

(f) Eligible inmates shall be housed in a community campus setting where they will be monitored and will be allowed to move freely during the daytime hours in order to participate in all assigned activities with minor restrictions, as specified.

(g) Eligible inmates, once released, shall continue to receive support from outside groups that can provide services, including transitional or permanent housing, if needed.





(a)Robbery is punishable as follows:



(1)Robbery of the first degree is punishable as follows:



(A)If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house; a vessel, as defined in Section 21 of the Harbors and Navigation Code, that is inhabited and designed for habitation; an inhabited floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code; a trailer coach, as defined in the Vehicle Code, that is inhabited; or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years.



(B)In all cases other than those specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years.



(2)Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years.



(b)Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison.