Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2106Introduced by Assembly Member McCartyFebruary 05, 2024An act to amend Section 2601 of add Section 1203.044 to the Penal Code, relating to prisons. probation.LEGISLATIVE COUNSEL'S DIGESTAB 2106, as amended, McCarty. Prisons: civil rights. Probation.Existing law authorizes the court, in the order granting probation, to suspend the imposition or execution of sentence and direct the suspension to continue for a period of time not exceeding 2 years, and in misdemeanor cases, for a period not to exceed one year.This bill would require, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation to be a period not exceeding 2 years in misdemeanor cases and not exceeding 3 years in felony cases, and upon those terms and conditions as the court determines, including a court-mandated drug treatment program as a condition of their probation. The bill would require a court to reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.By extending the duration of probation, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, may, during that period of confinement, be deprived of only those rights as is reasonably related to legitimate penological interests. Existing law enumerates certain civil rights of these prisoners.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1203.044 is added to the Penal Code, to read:1203.044. (a) (1) Notwithstanding Sections 1203a and 1203.1, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases and not exceeding three years in felony cases, and upon those terms and conditions as the court shall determine, including a court-mandated drug treatment program as a condition of their probation.(2) Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(b) For purposes of this section, the following terms have the following meanings:(1) Drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2) Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 2601 of the Penal Code is amended to read:2601.Each person described in Section 2600 shall have the following civil rights:(a)Except as provided in Section 2225 of the Civil Code, to inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by the person during the period of imprisonment. However, to the extent authorized in Section 2600, the Department of Corrections may restrict or prohibit sales or conveyances that are made for business purposes.(b)To correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband.(c)(1)To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the United States Post Office. Pursuant to this section, prison authorities may exclude any of the following matter:(A)Obscene publications or writings, and mail containing information concerning where, how, or from whom this matter may be obtained.(B)Any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence.(C)Any matter concerning gambling or a lottery.(2)Nothing in this section shall be construed as limiting the right of prison authorities to do the following:(A)Open and inspect any and all packages received by an inmate.(B)Establish reasonable restrictions as to the number of newspapers, magazines, and books that the inmate may have in their cell or elsewhere in the prison at one time.(d)To initiate civil actions, subject to a three dollar ($3) filing fee to be collected by the Department of Corrections, in addition to any other filing fee authorized by law, and subject to Title 3a (commencing with Section 391) of the Code of Civil Procedure.(e)To marry.(f)To create a power of appointment.(g)To make a will.(h)To receive all benefits provided for in Sections 3370 and 3371 of the Labor Code and in Section 5069.
Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2106Introduced by Assembly Member McCartyFebruary 05, 2024An act to amend Section 2601 of add Section 1203.044 to the Penal Code, relating to prisons. probation.LEGISLATIVE COUNSEL'S DIGESTAB 2106, as amended, McCarty. Prisons: civil rights. Probation.Existing law authorizes the court, in the order granting probation, to suspend the imposition or execution of sentence and direct the suspension to continue for a period of time not exceeding 2 years, and in misdemeanor cases, for a period not to exceed one year.This bill would require, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation to be a period not exceeding 2 years in misdemeanor cases and not exceeding 3 years in felony cases, and upon those terms and conditions as the court determines, including a court-mandated drug treatment program as a condition of their probation. The bill would require a court to reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.By extending the duration of probation, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, may, during that period of confinement, be deprived of only those rights as is reasonably related to legitimate penological interests. Existing law enumerates certain civil rights of these prisoners.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES
Amended IN Assembly March 21, 2024
Amended IN Assembly March 21, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2106
Introduced by Assembly Member McCartyFebruary 05, 2024
Introduced by Assembly Member McCarty
February 05, 2024
An act to amend Section 2601 of add Section 1203.044 to the Penal Code, relating to prisons. probation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2106, as amended, McCarty. Prisons: civil rights. Probation.
Existing law authorizes the court, in the order granting probation, to suspend the imposition or execution of sentence and direct the suspension to continue for a period of time not exceeding 2 years, and in misdemeanor cases, for a period not to exceed one year.This bill would require, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation to be a period not exceeding 2 years in misdemeanor cases and not exceeding 3 years in felony cases, and upon those terms and conditions as the court determines, including a court-mandated drug treatment program as a condition of their probation. The bill would require a court to reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.By extending the duration of probation, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, may, during that period of confinement, be deprived of only those rights as is reasonably related to legitimate penological interests. Existing law enumerates certain civil rights of these prisoners.This bill would make technical, nonsubstantive changes to those provisions.
Existing law authorizes the court, in the order granting probation, to suspend the imposition or execution of sentence and direct the suspension to continue for a period of time not exceeding 2 years, and in misdemeanor cases, for a period not to exceed one year.
This bill would require, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation to be a period not exceeding 2 years in misdemeanor cases and not exceeding 3 years in felony cases, and upon those terms and conditions as the court determines, including a court-mandated drug treatment program as a condition of their probation. The bill would require a court to reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.
By extending the duration of probation, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, may, during that period of confinement, be deprived of only those rights as is reasonably related to legitimate penological interests. Existing law enumerates certain civil rights of these prisoners.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1203.044 is added to the Penal Code, to read:1203.044. (a) (1) Notwithstanding Sections 1203a and 1203.1, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases and not exceeding three years in felony cases, and upon those terms and conditions as the court shall determine, including a court-mandated drug treatment program as a condition of their probation.(2) Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(b) For purposes of this section, the following terms have the following meanings:(1) Drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2) Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 2601 of the Penal Code is amended to read:2601.Each person described in Section 2600 shall have the following civil rights:(a)Except as provided in Section 2225 of the Civil Code, to inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by the person during the period of imprisonment. However, to the extent authorized in Section 2600, the Department of Corrections may restrict or prohibit sales or conveyances that are made for business purposes.(b)To correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband.(c)(1)To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the United States Post Office. Pursuant to this section, prison authorities may exclude any of the following matter:(A)Obscene publications or writings, and mail containing information concerning where, how, or from whom this matter may be obtained.(B)Any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence.(C)Any matter concerning gambling or a lottery.(2)Nothing in this section shall be construed as limiting the right of prison authorities to do the following:(A)Open and inspect any and all packages received by an inmate.(B)Establish reasonable restrictions as to the number of newspapers, magazines, and books that the inmate may have in their cell or elsewhere in the prison at one time.(d)To initiate civil actions, subject to a three dollar ($3) filing fee to be collected by the Department of Corrections, in addition to any other filing fee authorized by law, and subject to Title 3a (commencing with Section 391) of the Code of Civil Procedure.(e)To marry.(f)To create a power of appointment.(g)To make a will.(h)To receive all benefits provided for in Sections 3370 and 3371 of the Labor Code and in Section 5069.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1203.044 is added to the Penal Code, to read:1203.044. (a) (1) Notwithstanding Sections 1203a and 1203.1, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases and not exceeding three years in felony cases, and upon those terms and conditions as the court shall determine, including a court-mandated drug treatment program as a condition of their probation.(2) Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(b) For purposes of this section, the following terms have the following meanings:(1) Drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2) Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
SECTION 1. Section 1203.044 is added to the Penal Code, to read:
### SECTION 1.
1203.044. (a) (1) Notwithstanding Sections 1203a and 1203.1, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases and not exceeding three years in felony cases, and upon those terms and conditions as the court shall determine, including a court-mandated drug treatment program as a condition of their probation.(2) Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(b) For purposes of this section, the following terms have the following meanings:(1) Drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2) Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
1203.044. (a) (1) Notwithstanding Sections 1203a and 1203.1, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases and not exceeding three years in felony cases, and upon those terms and conditions as the court shall determine, including a court-mandated drug treatment program as a condition of their probation.(2) Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(b) For purposes of this section, the following terms have the following meanings:(1) Drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2) Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
1203.044. (a) (1) Notwithstanding Sections 1203a and 1203.1, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases and not exceeding three years in felony cases, and upon those terms and conditions as the court shall determine, including a court-mandated drug treatment program as a condition of their probation.(2) Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.(b) For purposes of this section, the following terms have the following meanings:(1) Drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.(2) Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
1203.044. (a) (1) Notwithstanding Sections 1203a and 1203.1, in instances where a defendant is charged with a controlled substances offense and granted probation, the term of probation shall be for a period not exceeding two years in misdemeanor cases and not exceeding three years in felony cases, and upon those terms and conditions as the court shall determine, including a court-mandated drug treatment program as a condition of their probation.
(2) Notwithstanding paragraph (1), the court shall reduce a probation term upon a showing that the defendant successfully completed a court-mandated drug treatment program.
(b) For purposes of this section, the following terms have the following meanings:
(1) Drug treatment program means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.
(2) Successfully completed means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.
Each person described in Section 2600 shall have the following civil rights:
(a)Except as provided in Section 2225 of the Civil Code, to inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by the person during the period of imprisonment. However, to the extent authorized in Section 2600, the Department of Corrections may restrict or prohibit sales or conveyances that are made for business purposes.
(b)To correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband.
(c)(1)To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the United States Post Office. Pursuant to this section, prison authorities may exclude any of the following matter:
(A)Obscene publications or writings, and mail containing information concerning where, how, or from whom this matter may be obtained.
(B)Any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence.
(C)Any matter concerning gambling or a lottery.
(2)Nothing in this section shall be construed as limiting the right of prison authorities to do the following:
(A)Open and inspect any and all packages received by an inmate.
(B)Establish reasonable restrictions as to the number of newspapers, magazines, and books that the inmate may have in their cell or elsewhere in the prison at one time.
(d)To initiate civil actions, subject to a three dollar ($3) filing fee to be collected by the Department of Corrections, in addition to any other filing fee authorized by law, and subject to Title 3a (commencing with Section 391) of the Code of Civil Procedure.
(e)To marry.
(f)To create a power of appointment.
(g)To make a will.
(h)To receive all benefits provided for in Sections 3370 and 3371 of the Labor Code and in Section 5069.