| 1 | | - | Assembly Bill No. 292 CHAPTER 579 An act to add Section 2933.7 to the Penal Code, relating to corrections. [ Approved by Governor October 06, 2021. Filed with Secretary of State October 06, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 292, Stone. Corrections: rehabilitative programming.The California 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.The bill would require the department to conduct rehabilitative programming in a manner that meets specified requirements, such as 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.SEC. 2. Section 2933.7 is added to the Penal Code, to read:2933.7. 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 accomplishes all of the following:(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 solicit and prioritize voluntary facility transfers first.(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred 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.(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 for reasons including, but not limited to, a security or medical concern.(d) Ensures alternatives to in-person programming are offered and that those alternatives do not limit or negatively affect the quality or quantity of in-person programming.(e) Minimizes programming waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming waitlists exceed one year by, among other things, increasing virtual or in-person programming opportunities.(f) Minimizes conflicts with an incarcerated persons work schedule.(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(h) Offers a variety of programming opportunities to incarcerated persons regardless of security level or sentence length. |
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| 1 | + | Enrolled September 07, 2021 Passed IN Senate September 01, 2021 Passed IN Assembly September 02, 2021 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 Section 2933.7 to the Penal Code, relating to corrections. LEGISLATIVE COUNSEL'S DIGESTAB 292, Stone. Corrections: rehabilitative programming.The California 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.The bill would require the department to conduct rehabilitative programming in a manner that meets specified requirements, such as 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.SEC. 2. Section 2933.7 is added to the Penal Code, to read:2933.7. 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 accomplishes all of the following:(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 solicit and prioritize voluntary facility transfers first.(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred 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.(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 for reasons including, but not limited to, a security or medical concern.(d) Ensures alternatives to in-person programming are offered and that those alternatives do not limit or negatively affect the quality or quantity of in-person programming.(e) Minimizes programming waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming waitlists exceed one year by, among other things, increasing virtual or in-person programming opportunities.(f) Minimizes conflicts with an incarcerated persons work schedule.(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(h) Offers a variety of programming opportunities to incarcerated persons regardless of security level or sentence length. |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | AB 292, Stone. Corrections: rehabilitative programming. |
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| 20 | 31 | | |
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| 21 | 32 | | The California 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.The bill would require the department to conduct rehabilitative programming in a manner that meets specified requirements, such as 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. |
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| 22 | 33 | | |
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| 23 | 34 | | The California 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. |
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| 24 | 35 | | |
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| 25 | 36 | | The bill would require the department to conduct rehabilitative programming in a manner that meets specified requirements, such as 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. |
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| 26 | 37 | | |
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| 27 | 38 | | ## Digest Key |
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| 28 | 39 | | |
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| 29 | 40 | | ## Bill Text |
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| 30 | 41 | | |
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| 31 | 42 | | 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.SEC. 2. Section 2933.7 is added to the Penal Code, to read:2933.7. 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 accomplishes all of the following:(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 solicit and prioritize voluntary facility transfers first.(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred 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.(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 for reasons including, but not limited to, a security or medical concern.(d) Ensures alternatives to in-person programming are offered and that those alternatives do not limit or negatively affect the quality or quantity of in-person programming.(e) Minimizes programming waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming waitlists exceed one year by, among other things, increasing virtual or in-person programming opportunities.(f) Minimizes conflicts with an incarcerated persons work schedule.(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(h) Offers a variety of programming opportunities to incarcerated persons regardless of security level or sentence length. |
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| 32 | 43 | | |
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| 33 | 44 | | The people of the State of California do enact as follows: |
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| 34 | 45 | | |
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| 35 | 46 | | ## The people of the State of California do enact as follows: |
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| 36 | 47 | | |
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| 37 | 48 | | 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. |
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| 38 | 49 | | |
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| 39 | 50 | | 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. |
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| 40 | 51 | | |
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| 41 | 52 | | SECTION 1. The Legislature finds and declares all of the following: |
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| 42 | 53 | | |
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| 43 | 54 | | ### SECTION 1. |
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| 44 | 55 | | |
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| 45 | 56 | | (a) Rehabilitative programming is an essential function of the Department of Corrections and Rehabilitation. |
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| 46 | 57 | | |
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| 47 | 58 | | (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. |
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| 48 | 59 | | |
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| 49 | 60 | | (c) Programming contributes to personal growth, reflection, and skill building. |
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| 50 | 61 | | |
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| 51 | 62 | | (d) Programming helps foster a safer environment for staff and people incarcerated in the Department of Corrections and Rehabilitation, and increases public safety. |
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| 52 | 63 | | |
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| 53 | 64 | | (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. |
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| 54 | 65 | | |
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| 55 | 66 | | (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. |
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| 56 | 67 | | |
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| 57 | 68 | | SEC. 2. Section 2933.7 is added to the Penal Code, to read:2933.7. 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 accomplishes all of the following:(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 solicit and prioritize voluntary facility transfers first.(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred 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.(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 for reasons including, but not limited to, a security or medical concern.(d) Ensures alternatives to in-person programming are offered and that those alternatives do not limit or negatively affect the quality or quantity of in-person programming.(e) Minimizes programming waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming waitlists exceed one year by, among other things, increasing virtual or in-person programming opportunities.(f) Minimizes conflicts with an incarcerated persons work schedule.(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(h) Offers a variety of programming opportunities to incarcerated persons regardless of security level or sentence length. |
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| 58 | 69 | | |
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| 59 | 70 | | SEC. 2. Section 2933.7 is added to the Penal Code, to read: |
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| 60 | 71 | | |
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| 61 | 72 | | ### SEC. 2. |
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| 62 | 73 | | |
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| 63 | 74 | | 2933.7. 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 accomplishes all of the following:(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 solicit and prioritize voluntary facility transfers first.(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred 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.(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 for reasons including, but not limited to, a security or medical concern.(d) Ensures alternatives to in-person programming are offered and that those alternatives do not limit or negatively affect the quality or quantity of in-person programming.(e) Minimizes programming waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming waitlists exceed one year by, among other things, increasing virtual or in-person programming opportunities.(f) Minimizes conflicts with an incarcerated persons work schedule.(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(h) Offers a variety of programming opportunities to incarcerated persons regardless of security level or sentence length. |
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| 64 | 75 | | |
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| 65 | 76 | | 2933.7. 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 accomplishes all of the following:(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 solicit and prioritize voluntary facility transfers first.(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred 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.(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 for reasons including, but not limited to, a security or medical concern.(d) Ensures alternatives to in-person programming are offered and that those alternatives do not limit or negatively affect the quality or quantity of in-person programming.(e) Minimizes programming waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming waitlists exceed one year by, among other things, increasing virtual or in-person programming opportunities.(f) Minimizes conflicts with an incarcerated persons work schedule.(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(h) Offers a variety of programming opportunities to incarcerated persons regardless of security level or sentence length. |
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| 66 | 77 | | |
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| 67 | 78 | | 2933.7. 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 accomplishes all of the following:(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 solicit and prioritize voluntary facility transfers first.(b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred 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.(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 for reasons including, but not limited to, a security or medical concern.(d) Ensures alternatives to in-person programming are offered and that those alternatives do not limit or negatively affect the quality or quantity of in-person programming.(e) Minimizes programming waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming waitlists exceed one year by, among other things, increasing virtual or in-person programming opportunities.(f) Minimizes conflicts with an incarcerated persons work schedule.(g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility.(h) Offers a variety of programming opportunities to incarcerated persons regardless of security level or sentence length. |
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| 68 | 79 | | |
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| 69 | 80 | | |
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| 70 | 81 | | |
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| 71 | 82 | | 2933.7. 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 accomplishes all of the following: |
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| 72 | 83 | | |
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| 73 | 84 | | (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 solicit and prioritize voluntary facility transfers first. |
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| 74 | 85 | | |
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| 75 | 86 | | (b) Prioritizes, to the greatest extent possible, an incarcerated person that has transferred 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. |
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| 76 | 87 | | |
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| 77 | 88 | | (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 for reasons including, but not limited to, a security or medical concern. |
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| 78 | 89 | | |
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| 79 | 90 | | (d) Ensures alternatives to in-person programming are offered and that those alternatives do not limit or negatively affect the quality or quantity of in-person programming. |
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| 80 | 91 | | |
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| 81 | 92 | | (e) Minimizes programming waitlist times to the greatest extent possible, especially in those institutions, facilities, or sections of institutions or facilities where programming waitlists exceed one year by, among other things, increasing virtual or in-person programming opportunities. |
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| 82 | 93 | | |
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| 83 | 94 | | (f) Minimizes conflicts with an incarcerated persons work schedule. |
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| 84 | 95 | | |
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| 85 | 96 | | (g) Is accessible in a timely manner to incarcerated persons that have recently changed status, security level, or facility. |
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| 86 | 97 | | |
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| 87 | 98 | | (h) Offers a variety of programming opportunities to incarcerated persons regardless of security level or sentence length. |
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