Amended IN Senate August 26, 2021 Amended IN Assembly March 17, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 292Introduced by Assembly Member StoneJanuary 21, 2021 An act to add Sections Section 2933.7 and 2933.8 to the Penal Code, relating to corrections. LEGISLATIVE COUNSEL'S DIGESTAB 292, as amended, Stone. Corrections: prison credits. rehabilitative programming.The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, Constitution 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 15 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. TheThe 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 persons credit-earning rehabilitative programming. prioritizing a person who has transferred between facilities to resume rehabilitative programming, if the transfer was for nonadverse reasons, minimizing program wait times, and offering a variety of program opportunities to inmates regardless of security level or sentence length. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Rehabilitative programming is an essential function of the Department of Corrections and Rehabilitation.(b) Programming refers to virtual, or distance, or in-person programming, including, among others, rehabilitative, educational, self-help, and arts programs, designed to help people grow personally and prepare for safe and successful reentry post incarceration.(c) Programming contributes to personal growth, reflection, and skill building.(d) Programming helps foster a safer environment for staff and people incarcerated in the Department of Corrections and Rehabilitation, and increases public safety.(e) To that end, there should be more hours of programming available to all people incarcerated in the Department of Corrections and Rehabilitation, whatever their security level or length of sentence.(f) In-person programming is vitally needed, and the development of virtual learning, distance learning, and programming using tablets and other technologies will provide for a greater variety of options for growth and learning, cognizant of the security, staffing, and resource challenges inherent in running one of the largest, most populated prison systems in the world.SECTION 1.SEC. 2. Section 2933.7 is added to the Penal Code, to read:2933.7. (a)The In order to foster greater participation in rehabilitative programming and to reduce interruptions in incarcerated peoples growth, self-exploration, improvement and skill building, the Department of Corrections and Rehabilitation shall conduct programming in a manner that does all of the following: accomplishes all of the following:(1)Prevents facility transfers(a) Minimizes transfers from institutions, facilities, or sections of the institutions or facilities from disrupting an incarcerated persons programming. To accomplish this, the department shall, among other things, allow for shall solicit and prioritize voluntary facility transfers first.(2)Prioritizes(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred facilities for similar programs at the new facility. from institutions, facilities, or sections of the institutions or facilities for nonadverse reasons to resume programming. To accomplish this, an incarcerated person shall be prioritized for similar programs at the new institution, facility, or sections of the institutions or facilities. If a program is temporarily canceled or terminated, the incarcerated person shall be prioritized for similar programming if available.(3)Ensures programming is offered(c) Offers programming to the greatest extent possible, even if the institution, facility, or section of the institution or facility is restricting in-person programming because of for reasons including, but not limited to, a security or medical concern.(4)If distance learning or other(d) Ensures alternatives to in-person programming are offered, ensure offered and that those alternatives do not diminish limit or negatively affect the quality or quantity of in-person programming.(5)(e) Minimizes programming wait lists, especially in those waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming wait lists waitlists exceed one year. year by, among other things, increasing virtual or in-person programming opportunities.(6)(f) Minimizes conflicts with an incarcerated persons work schedule.(7)Is available without restrictions(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(8)Offers an equitable selection of programming(h) Offers a variety of programming opportunities 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.
Amended IN Senate August 26, 2021 Amended IN Assembly March 17, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 292Introduced by Assembly Member StoneJanuary 21, 2021 An act to add Sections Section 2933.7 and 2933.8 to the Penal Code, relating to corrections. LEGISLATIVE COUNSEL'S DIGESTAB 292, as amended, Stone. Corrections: prison credits. rehabilitative programming.The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, Constitution 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 15 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. TheThe 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 persons credit-earning rehabilitative programming. prioritizing a person who has transferred between facilities to resume rehabilitative programming, if the transfer was for nonadverse reasons, minimizing program wait times, and offering a variety of program opportunities to inmates regardless of security level or sentence length. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 26, 2021 Amended IN Assembly March 17, 2021
Amended IN Senate August 26, 2021
Amended IN Assembly March 17, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 292
Introduced by Assembly Member StoneJanuary 21, 2021
Introduced by Assembly Member Stone
January 21, 2021
An act to add Sections Section 2933.7 and 2933.8 to the Penal Code, relating to corrections.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 292, as amended, Stone. Corrections: prison credits. rehabilitative programming.
The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, Constitution 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 15 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. TheThe 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 persons credit-earning rehabilitative programming. prioritizing a person who has transferred between facilities to resume rehabilitative programming, if the transfer was for nonadverse reasons, minimizing program wait times, and offering a variety of program opportunities to inmates regardless of security level or sentence length.
The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, Constitution 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 15 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
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 persons credit-earning rehabilitative programming. prioritizing a person who has transferred between facilities to resume rehabilitative programming, if the transfer was for nonadverse reasons, minimizing program wait times, and offering a variety of program opportunities to inmates regardless of security level or sentence length.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Rehabilitative programming is an essential function of the Department of Corrections and Rehabilitation.(b) Programming refers to virtual, or distance, or in-person programming, including, among others, rehabilitative, educational, self-help, and arts programs, designed to help people grow personally and prepare for safe and successful reentry post incarceration.(c) Programming contributes to personal growth, reflection, and skill building.(d) Programming helps foster a safer environment for staff and people incarcerated in the Department of Corrections and Rehabilitation, and increases public safety.(e) To that end, there should be more hours of programming available to all people incarcerated in the Department of Corrections and Rehabilitation, whatever their security level or length of sentence.(f) In-person programming is vitally needed, and the development of virtual learning, distance learning, and programming using tablets and other technologies will provide for a greater variety of options for growth and learning, cognizant of the security, staffing, and resource challenges inherent in running one of the largest, most populated prison systems in the world.SECTION 1.SEC. 2. Section 2933.7 is added to the Penal Code, to read:2933.7. (a)The In order to foster greater participation in rehabilitative programming and to reduce interruptions in incarcerated peoples growth, self-exploration, improvement and skill building, the Department of Corrections and Rehabilitation shall conduct programming in a manner that does all of the following: accomplishes all of the following:(1)Prevents facility transfers(a) Minimizes transfers from institutions, facilities, or sections of the institutions or facilities from disrupting an incarcerated persons programming. To accomplish this, the department shall, among other things, allow for shall solicit and prioritize voluntary facility transfers first.(2)Prioritizes(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred facilities for similar programs at the new facility. from institutions, facilities, or sections of the institutions or facilities for nonadverse reasons to resume programming. To accomplish this, an incarcerated person shall be prioritized for similar programs at the new institution, facility, or sections of the institutions or facilities. If a program is temporarily canceled or terminated, the incarcerated person shall be prioritized for similar programming if available.(3)Ensures programming is offered(c) Offers programming to the greatest extent possible, even if the institution, facility, or section of the institution or facility is restricting in-person programming because of for reasons including, but not limited to, a security or medical concern.(4)If distance learning or other(d) Ensures alternatives to in-person programming are offered, ensure offered and that those alternatives do not diminish limit or negatively affect the quality or quantity of in-person programming.(5)(e) Minimizes programming wait lists, especially in those waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming wait lists waitlists exceed one year. year by, among other things, increasing virtual or in-person programming opportunities.(6)(f) Minimizes conflicts with an incarcerated persons work schedule.(7)Is available without restrictions(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(8)Offers an equitable selection of programming(h) Offers a variety of programming opportunities 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Rehabilitative programming is an essential function of the Department of Corrections and Rehabilitation.(b) Programming refers to virtual, or distance, or in-person programming, including, among others, rehabilitative, educational, self-help, and arts programs, designed to help people grow personally and prepare for safe and successful reentry post incarceration.(c) Programming contributes to personal growth, reflection, and skill building.(d) Programming helps foster a safer environment for staff and people incarcerated in the Department of Corrections and Rehabilitation, and increases public safety.(e) To that end, there should be more hours of programming available to all people incarcerated in the Department of Corrections and Rehabilitation, whatever their security level or length of sentence.(f) In-person programming is vitally needed, and the development of virtual learning, distance learning, and programming using tablets and other technologies will provide for a greater variety of options for growth and learning, cognizant of the security, staffing, and resource challenges inherent in running one of the largest, most populated prison systems in the world.
SECTION 1. The Legislature finds and declares all of the following:(a) Rehabilitative programming is an essential function of the Department of Corrections and Rehabilitation.(b) Programming refers to virtual, or distance, or in-person programming, including, among others, rehabilitative, educational, self-help, and arts programs, designed to help people grow personally and prepare for safe and successful reentry post incarceration.(c) Programming contributes to personal growth, reflection, and skill building.(d) Programming helps foster a safer environment for staff and people incarcerated in the Department of Corrections and Rehabilitation, and increases public safety.(e) To that end, there should be more hours of programming available to all people incarcerated in the Department of Corrections and Rehabilitation, whatever their security level or length of sentence.(f) In-person programming is vitally needed, and the development of virtual learning, distance learning, and programming using tablets and other technologies will provide for a greater variety of options for growth and learning, cognizant of the security, staffing, and resource challenges inherent in running one of the largest, most populated prison systems in the world.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Rehabilitative programming is an essential function of the Department of Corrections and Rehabilitation.
(b) Programming refers to virtual, or distance, or in-person programming, including, among others, rehabilitative, educational, self-help, and arts programs, designed to help people grow personally and prepare for safe and successful reentry post incarceration.
(c) Programming contributes to personal growth, reflection, and skill building.
(d) Programming helps foster a safer environment for staff and people incarcerated in the Department of Corrections and Rehabilitation, and increases public safety.
(e) To that end, there should be more hours of programming available to all people incarcerated in the Department of Corrections and Rehabilitation, whatever their security level or length of sentence.
(f) In-person programming is vitally needed, and the development of virtual learning, distance learning, and programming using tablets and other technologies will provide for a greater variety of options for growth and learning, cognizant of the security, staffing, and resource challenges inherent in running one of the largest, most populated prison systems in the world.
SECTION 1.SEC. 2. Section 2933.7 is added to the Penal Code, to read:2933.7. (a)The In order to foster greater participation in rehabilitative programming and to reduce interruptions in incarcerated peoples growth, self-exploration, improvement and skill building, the Department of Corrections and Rehabilitation shall conduct programming in a manner that does all of the following: accomplishes all of the following:(1)Prevents facility transfers(a) Minimizes transfers from institutions, facilities, or sections of the institutions or facilities from disrupting an incarcerated persons programming. To accomplish this, the department shall, among other things, allow for shall solicit and prioritize voluntary facility transfers first.(2)Prioritizes(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred facilities for similar programs at the new facility. from institutions, facilities, or sections of the institutions or facilities for nonadverse reasons to resume programming. To accomplish this, an incarcerated person shall be prioritized for similar programs at the new institution, facility, or sections of the institutions or facilities. If a program is temporarily canceled or terminated, the incarcerated person shall be prioritized for similar programming if available.(3)Ensures programming is offered(c) Offers programming to the greatest extent possible, even if the institution, facility, or section of the institution or facility is restricting in-person programming because of for reasons including, but not limited to, a security or medical concern.(4)If distance learning or other(d) Ensures alternatives to in-person programming are offered, ensure offered and that those alternatives do not diminish limit or negatively affect the quality or quantity of in-person programming.(5)(e) Minimizes programming wait lists, especially in those waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming wait lists waitlists exceed one year. year by, among other things, increasing virtual or in-person programming opportunities.(6)(f) Minimizes conflicts with an incarcerated persons work schedule.(7)Is available without restrictions(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(8)Offers an equitable selection of programming(h) Offers a variety of programming opportunities 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.
SECTION 1.SEC. 2. Section 2933.7 is added to the Penal Code, to read:
### SECTION 1.SEC. 2.
2933.7. (a)The In order to foster greater participation in rehabilitative programming and to reduce interruptions in incarcerated peoples growth, self-exploration, improvement and skill building, the Department of Corrections and Rehabilitation shall conduct programming in a manner that does all of the following: accomplishes all of the following:(1)Prevents facility transfers(a) Minimizes transfers from institutions, facilities, or sections of the institutions or facilities from disrupting an incarcerated persons programming. To accomplish this, the department shall, among other things, allow for shall solicit and prioritize voluntary facility transfers first.(2)Prioritizes(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred facilities for similar programs at the new facility. from institutions, facilities, or sections of the institutions or facilities for nonadverse reasons to resume programming. To accomplish this, an incarcerated person shall be prioritized for similar programs at the new institution, facility, or sections of the institutions or facilities. If a program is temporarily canceled or terminated, the incarcerated person shall be prioritized for similar programming if available.(3)Ensures programming is offered(c) Offers programming to the greatest extent possible, even if the institution, facility, or section of the institution or facility is restricting in-person programming because of for reasons including, but not limited to, a security or medical concern.(4)If distance learning or other(d) Ensures alternatives to in-person programming are offered, ensure offered and that those alternatives do not diminish limit or negatively affect the quality or quantity of in-person programming.(5)(e) Minimizes programming wait lists, especially in those waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming wait lists waitlists exceed one year. year by, among other things, increasing virtual or in-person programming opportunities.(6)(f) Minimizes conflicts with an incarcerated persons work schedule.(7)Is available without restrictions(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(8)Offers an equitable selection of programming(h) Offers a variety of programming opportunities 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.
2933.7. (a)The In order to foster greater participation in rehabilitative programming and to reduce interruptions in incarcerated peoples growth, self-exploration, improvement and skill building, the Department of Corrections and Rehabilitation shall conduct programming in a manner that does all of the following: accomplishes all of the following:(1)Prevents facility transfers(a) Minimizes transfers from institutions, facilities, or sections of the institutions or facilities from disrupting an incarcerated persons programming. To accomplish this, the department shall, among other things, allow for shall solicit and prioritize voluntary facility transfers first.(2)Prioritizes(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred facilities for similar programs at the new facility. from institutions, facilities, or sections of the institutions or facilities for nonadverse reasons to resume programming. To accomplish this, an incarcerated person shall be prioritized for similar programs at the new institution, facility, or sections of the institutions or facilities. If a program is temporarily canceled or terminated, the incarcerated person shall be prioritized for similar programming if available.(3)Ensures programming is offered(c) Offers programming to the greatest extent possible, even if the institution, facility, or section of the institution or facility is restricting in-person programming because of for reasons including, but not limited to, a security or medical concern.(4)If distance learning or other(d) Ensures alternatives to in-person programming are offered, ensure offered and that those alternatives do not diminish limit or negatively affect the quality or quantity of in-person programming.(5)(e) Minimizes programming wait lists, especially in those waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming wait lists waitlists exceed one year. year by, among other things, increasing virtual or in-person programming opportunities.(6)(f) Minimizes conflicts with an incarcerated persons work schedule.(7)Is available without restrictions(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(8)Offers an equitable selection of programming(h) Offers a variety of programming opportunities 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.
2933.7. (a)The In order to foster greater participation in rehabilitative programming and to reduce interruptions in incarcerated peoples growth, self-exploration, improvement and skill building, the Department of Corrections and Rehabilitation shall conduct programming in a manner that does all of the following: accomplishes all of the following:(1)Prevents facility transfers(a) Minimizes transfers from institutions, facilities, or sections of the institutions or facilities from disrupting an incarcerated persons programming. To accomplish this, the department shall, among other things, allow for shall solicit and prioritize voluntary facility transfers first.(2)Prioritizes(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred facilities for similar programs at the new facility. from institutions, facilities, or sections of the institutions or facilities for nonadverse reasons to resume programming. To accomplish this, an incarcerated person shall be prioritized for similar programs at the new institution, facility, or sections of the institutions or facilities. If a program is temporarily canceled or terminated, the incarcerated person shall be prioritized for similar programming if available.(3)Ensures programming is offered(c) Offers programming to the greatest extent possible, even if the institution, facility, or section of the institution or facility is restricting in-person programming because of for reasons including, but not limited to, a security or medical concern.(4)If distance learning or other(d) Ensures alternatives to in-person programming are offered, ensure offered and that those alternatives do not diminish limit or negatively affect the quality or quantity of in-person programming.(5)(e) Minimizes programming wait lists, especially in those waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming wait lists waitlists exceed one year. year by, among other things, increasing virtual or in-person programming opportunities.(6)(f) Minimizes conflicts with an incarcerated persons work schedule.(7)Is available without restrictions(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(8)Offers an equitable selection of programming(h) Offers a variety of programming opportunities 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.
2933.7. (a)The In order to foster greater participation in rehabilitative programming and to reduce interruptions in incarcerated peoples growth, self-exploration, improvement and skill building, the Department of Corrections and Rehabilitation shall conduct programming in a manner that does all of the following: accomplishes all of the following:
(1)Prevents facility transfers
(a) Minimizes transfers from institutions, facilities, or sections of the institutions or facilities from disrupting an incarcerated persons programming. To accomplish this, the department shall, among other things, allow for shall solicit and prioritize voluntary facility transfers first.
(2)Prioritizes
(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred facilities for similar programs at the new facility. from institutions, facilities, or sections of the institutions or facilities for nonadverse reasons to resume programming. To accomplish this, an incarcerated person shall be prioritized for similar programs at the new institution, facility, or sections of the institutions or facilities. If a program is temporarily canceled or terminated, the incarcerated person shall be prioritized for similar programming if available.
(3)Ensures programming is offered
(c) Offers programming to the greatest extent possible, even if the institution, facility, or section of the institution or facility is restricting in-person programming because of for reasons including, but not limited to, a security or medical concern.
(4)If distance learning or other
(d) Ensures alternatives to in-person programming are offered, ensure offered and that those alternatives do not diminish limit or negatively affect the quality or quantity of in-person programming.
(5)
(e) Minimizes programming wait lists, especially in those waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming wait lists waitlists exceed one year. year by, among other things, increasing virtual or in-person programming opportunities.
(6)
(f) Minimizes conflicts with an incarcerated persons work schedule.
(7)Is available without restrictions
(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.
(8)Offers an equitable selection of programming
(h) Offers a variety of programming opportunities 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.
(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.