| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2168Introduced by Assembly Member KalraFebruary 07, 2024An act to amend Section 17.7 of the Penal Code, relating to incarcerated persons. An act to add Sections 1202b and 1386.1 to the Penal Code, relating to prisons.LEGISLATIVE COUNSEL'S DIGESTAB 2168, as amended, Kalra. Incarcerated persons: reentry. Prisons: anticipated prison stays.Under existing law, a felony is a crime that is punishable by imprisonment in the state prison, or by imprisonment in a county jail for more than one year. Under existing law, a misdemeanor is a crime punishable by less than one year in the county jail.This bill would require a court, at the time of sentencing and if a court is imposing a prison sentence, to determine the defendants anticipated prison stay, as defined, and, if that anticipated stay is for 365 days or fewer, to order that the defendant serve the sentence in the custody of the sheriff or county jail administrator, unless that order is prohibited by an initiative statute. The bill would require specified reports by probation departments to include an estimate of the defendants anticipated prison stay. By imposing additional duties on county jails and probation departments, this bill would impose a state-mandated local program.Existing law prevents a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a nonfelony offense arising out of, among other things, the operation of a motor vehicle, that is pending against them at the time of commitment.This bill would prohibit a person committed to the department, to a county facility as a ward of the juvenile court, or to a county jail from being prosecuted for a nonfelony offense pending against them at the time of their commitment, except as specified.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.Existing law set forth findings and declarations stating that improving outcomes among offenders reentering the community after serving time in a correctional facility will promote public safety and will reduce Californias prison and jail populations. Existing law further states that strategies supporting reentering offenders through practices and programs have been demonstrated to significantly reduce recidivism among offenders in other states. This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1202b is added to the Penal Code, to read:1202b. (a) For purposes of this section, anticipated prison stay means an estimate of the defendants expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations.(b) In any case where a prison sentence may be imposed, the reports required to be prepared by the probation department pursuant to subdivision (b) of Section 1191.3 and subparagraph (A) of paragraph (2) of subdivision (b) of Section 1203 shall include an estimate of the defendants anticipated prison stay.(c) At the time of sentencing, the court shall cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Sections 2900.5, 2933.1, 2933.2, and 4019.(d) At the time of sentencing, if the court imposes a prison sentence, the court shall determine the defendants anticipated prison stay using the estimate from subdivision (b). The court may disregard the probation departments estimate from subdivision (b) if it determines the defendant would have a shorter length of stay than estimated by the probation department.(e) If the court determines in subdivision (d) that the defendant will serve 365 days or less in state prison, the court shall order that the defendant serve the sentence in the custody of the sheriff or county jail administrator unless that order is prohibited by any initiative statute.(f) Anyone who remains in the custody of the county sheriff or county jail administrator shall earn credit at either the rate specified in Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulation or authority, or the rates specified in Section 2900.5, subdivision (c) of Section 2933.1, subdivision (c) of Section 2933.2, or Section 4019. The defendant shall earn credit at whichever rate results in a greater accumulation of credit for the defendant. The defendant shall also be eligible for any other credit earning, work furlough, or similar program available to people in county jail.SEC. 2. Section 1386.1 is added to the Penal Code, to read:1386.1. (a) A person shall not be subject to prosecution for a nonfelony offense that is pending against that person at the time of that persons commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, to a county facility as a ward of the juvenile court, or to a county jail pursuant to subdivision (h) of Section 1170.(b) This section shall not apply to any offense in which the victim is a person described in Section 1203.097, an offense for which the named victim is entitled to restitution as described in Section 1202.4, an offense that requires registration pursuant to Section 290, an offense that can be filed as either a misdemeanor or a felony at the discretion of the prosecution, or a violation of Section 23103, 23152, or 23153 of the Vehicle Code.SEC. 3. 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 17.7 of the Penal Code is amended to read:17.7.The Legislature finds and declares the following:(a)Strategies supporting reentering community members through practices and programs, such as standardized risk and needs assessments, transitional community housing, treatment, medical and mental health services, and employment, have been demonstrated to significantly reduce recidivism among in other states.(b)Improving outcomes among community members reentering the community after serving time in a correctional facility will promote public safety and will reduce Californias prison and jail populations.(c)California reentry programs that encompass strategies known to reduce recidivism warrant vigorous ongoing support using readily available resources in the community, and a comprehensive long-term development plan for future budget years designed to expand the availability, impact, and sustainability of these strategies as further community partnerships are identified and developed. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2168Introduced by Assembly Member KalraFebruary 07, 2024An act to amend Section 17.7 of the Penal Code, relating to incarcerated persons. An act to add Sections 1202b and 1386.1 to the Penal Code, relating to prisons.LEGISLATIVE COUNSEL'S DIGESTAB 2168, as amended, Kalra. Incarcerated persons: reentry. Prisons: anticipated prison stays.Under existing law, a felony is a crime that is punishable by imprisonment in the state prison, or by imprisonment in a county jail for more than one year. Under existing law, a misdemeanor is a crime punishable by less than one year in the county jail.This bill would require a court, at the time of sentencing and if a court is imposing a prison sentence, to determine the defendants anticipated prison stay, as defined, and, if that anticipated stay is for 365 days or fewer, to order that the defendant serve the sentence in the custody of the sheriff or county jail administrator, unless that order is prohibited by an initiative statute. The bill would require specified reports by probation departments to include an estimate of the defendants anticipated prison stay. By imposing additional duties on county jails and probation departments, this bill would impose a state-mandated local program.Existing law prevents a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a nonfelony offense arising out of, among other things, the operation of a motor vehicle, that is pending against them at the time of commitment.This bill would prohibit a person committed to the department, to a county facility as a ward of the juvenile court, or to a county jail from being prosecuted for a nonfelony offense pending against them at the time of their commitment, except as specified.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.Existing law set forth findings and declarations stating that improving outcomes among offenders reentering the community after serving time in a correctional facility will promote public safety and will reduce Californias prison and jail populations. Existing law further states that strategies supporting reentering offenders through practices and programs have been demonstrated to significantly reduce recidivism among offenders in other states. This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 18, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 18, 2024 | |
| 8 | 7 | Amended IN Assembly March 18, 2024 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 2168 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member KalraFebruary 07, 2024 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Kalra | |
| 19 | 18 | February 07, 2024 | |
| 20 | 19 | ||
| 21 | - | An act to add Sections 1202b and | |
| 20 | + | An act to amend Section 17.7 of the Penal Code, relating to incarcerated persons. An act to add Sections 1202b and 1386.1 to the Penal Code, relating to prisons. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 2168, as amended, Kalra. Prisons: anticipated prison stays. | |
| 26 | + | AB 2168, as amended, Kalra. Incarcerated persons: reentry. Prisons: anticipated prison stays. | |
| 28 | 27 | ||
| 29 | - | Under existing law, a felony is a crime that is punishable by imprisonment in the state prison, or by imprisonment in a county jail for more than one year. Under existing law, a misdemeanor is a crime punishable by less than one year in the county jail.This bill would require a court, at the time of sentencing and if a court is imposing a prison sentence, to determine the defendants anticipated prison stay, as defined, and, if that anticipated stay is for 365 days or fewer, to order that the defendant serve the sentence in the custody of the sheriff or county jail administrator, unless that order is prohibited by an initiative statute. The bill would require specified reports by probation departments to include an estimate of the defendants anticipated prison stay. By imposing additional duties on county jails and probation departments, this bill would impose a state-mandated local program.Existing law prevents a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation | |
| 28 | + | Under existing law, a felony is a crime that is punishable by imprisonment in the state prison, or by imprisonment in a county jail for more than one year. Under existing law, a misdemeanor is a crime punishable by less than one year in the county jail.This bill would require a court, at the time of sentencing and if a court is imposing a prison sentence, to determine the defendants anticipated prison stay, as defined, and, if that anticipated stay is for 365 days or fewer, to order that the defendant serve the sentence in the custody of the sheriff or county jail administrator, unless that order is prohibited by an initiative statute. The bill would require specified reports by probation departments to include an estimate of the defendants anticipated prison stay. By imposing additional duties on county jails and probation departments, this bill would impose a state-mandated local program.Existing law prevents a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a nonfelony offense arising out of, among other things, the operation of a motor vehicle, that is pending against them at the time of commitment.This bill would prohibit a person committed to the department, to a county facility as a ward of the juvenile court, or to a county jail from being prosecuted for a nonfelony offense pending against them at the time of their commitment, except as specified.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.Existing law set forth findings and declarations stating that improving outcomes among offenders reentering the community after serving time in a correctional facility will promote public safety and will reduce Californias prison and jail populations. Existing law further states that strategies supporting reentering offenders through practices and programs have been demonstrated to significantly reduce recidivism among offenders in other states. This bill would make technical, nonsubstantive changes to these provisions. | |
| 30 | 29 | ||
| 31 | 30 | Under existing law, a felony is a crime that is punishable by imprisonment in the state prison, or by imprisonment in a county jail for more than one year. Under existing law, a misdemeanor is a crime punishable by less than one year in the county jail. | |
| 32 | 31 | ||
| 32 | + | This bill would require a court, at the time of sentencing and if a court is imposing a prison sentence, to determine the defendants anticipated prison stay, as defined, and, if that anticipated stay is for 365 days or fewer, to order that the defendant serve the sentence in the custody of the sheriff or county jail administrator, unless that order is prohibited by an initiative statute. The bill would require specified reports by probation departments to include an estimate of the defendants anticipated prison stay. By imposing additional duties on county jails and probation departments, this bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | + | Existing law prevents a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation from being subject to prosecution for a nonfelony offense arising out of, among other things, the operation of a motor vehicle, that is pending against them at the time of commitment. | |
| 34 | 35 | ||
| 35 | - | This bill would require a court, at the time of sentencing and if a court is imposing a prison sentence, to determine the defendants anticipated prison stay, as defined, and, if that anticipated stay is for 365 days or fewer, to order that the defendant serve the sentence in the custody of the sheriff or county jail administrator, unless that order is prohibited by an initiative statute. The bill would require specified reports by probation departments to include an estimate of the defendants anticipated prison stay. By imposing additional duties on county jails and probation departments, this bill would impose a state-mandated local program. | |
| 36 | + | This bill would prohibit a person committed to the department, to a county facility as a ward of the juvenile court, or to a county jail from being prosecuted for a nonfelony offense pending against them at the time of their commitment, except as specified. | |
| 37 | + | ||
| 38 | + | 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. | |
| 39 | + | ||
| 40 | + | 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. | |
| 41 | + | ||
| 42 | + | Existing law set forth findings and declarations stating that improving outcomes among offenders reentering the community after serving time in a correctional facility will promote public safety and will reduce Californias prison and jail populations. Existing law further states that strategies supporting reentering offenders through practices and programs have been demonstrated to significantly reduce recidivism among offenders in other states. | |
| 36 | 43 | ||
| 37 | 44 | ||
| 38 | 45 | ||
| 39 | - | Existing law prevents a person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation Rehabilitation, a juvenile facility, or a county jail for a felony conviction from being subject to prosecution for a nonfelony offense arising out of, among other things, the operation of a motor vehicle, that is pending against them at the time of commitment. | |
| 40 | - | ||
| 41 | - | This bill would prohibit a person committed to the department, to a county facility as a ward of the juvenile court, or to a county jail for a felony conviction from being prosecuted for a nonfelony offense pending against them at the time of their commitment, except as specified. | |
| 42 | - | ||
| 43 | - | 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. | |
| 44 | - | ||
| 45 | - | ||
| 46 | - | ||
| 47 | - | 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. | |
| 46 | + | This bill would make technical, nonsubstantive changes to these provisions. | |
| 48 | 47 | ||
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | 50 | ## Digest Key | |
| 52 | 51 | ||
| 53 | 52 | ## Bill Text | |
| 54 | 53 | ||
| 55 | - | The people of the State of California do enact as follows:SECTION 1.Section 1202b is added to the Penal Code, to read:1202b.(a)For purposes of this section, anticipated prison stay means an estimate of the defendants expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations.(b)In any case where a prison sentence may be imposed, the reports required to be prepared by the probation department pursuant to subdivision (b) of Section 1191.3 and subparagraph (A) of paragraph (2) of subdivision (b) of Section 1203 shall include an estimate of the defendants anticipated prison stay.(c)At the time of sentencing, the court shall cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Sections 2900.5, 2933.1, 2933.2, and 4019.(d)At the time of sentencing, if the court imposes a prison sentence, the court shall determine the defendants anticipated prison stay using the estimate from subdivision (b). The court may disregard the probation departments estimate from subdivision (b) if it determines the defendant would have a shorter length of stay than estimated by the probation department.(e)If the court determines in subdivision (d) that the defendant will serve 365 days or less in state prison, the court shall order that the defendant serve the sentence in the custody of the sheriff or county jail administrator unless that order is prohibited by any initiative statute.(f)Anyone who remains in the custody of the county sheriff or county jail administrator shall earn credit at either the rate specified in Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulation or authority, or the rates specified in Section 2900.5, subdivision (c) of Section 2933.1, subdivision (c) of Section 2933.2, or Section 4019. The defendant shall earn credit at whichever rate results in a greater accumulation of credit for the defendant. The defendant shall also be eligible for any other credit earning, work furlough, or similar program available to people in county jail.SEC. 2 | |
| 54 | + | The people of the State of California do enact as follows:SECTION 1. Section 1202b is added to the Penal Code, to read:1202b. (a) For purposes of this section, anticipated prison stay means an estimate of the defendants expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations.(b) In any case where a prison sentence may be imposed, the reports required to be prepared by the probation department pursuant to subdivision (b) of Section 1191.3 and subparagraph (A) of paragraph (2) of subdivision (b) of Section 1203 shall include an estimate of the defendants anticipated prison stay.(c) At the time of sentencing, the court shall cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Sections 2900.5, 2933.1, 2933.2, and 4019.(d) At the time of sentencing, if the court imposes a prison sentence, the court shall determine the defendants anticipated prison stay using the estimate from subdivision (b). The court may disregard the probation departments estimate from subdivision (b) if it determines the defendant would have a shorter length of stay than estimated by the probation department.(e) If the court determines in subdivision (d) that the defendant will serve 365 days or less in state prison, the court shall order that the defendant serve the sentence in the custody of the sheriff or county jail administrator unless that order is prohibited by any initiative statute.(f) Anyone who remains in the custody of the county sheriff or county jail administrator shall earn credit at either the rate specified in Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulation or authority, or the rates specified in Section 2900.5, subdivision (c) of Section 2933.1, subdivision (c) of Section 2933.2, or Section 4019. The defendant shall earn credit at whichever rate results in a greater accumulation of credit for the defendant. The defendant shall also be eligible for any other credit earning, work furlough, or similar program available to people in county jail.SEC. 2. Section 1386.1 is added to the Penal Code, to read:1386.1. (a) A person shall not be subject to prosecution for a nonfelony offense that is pending against that person at the time of that persons commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, to a county facility as a ward of the juvenile court, or to a county jail pursuant to subdivision (h) of Section 1170.(b) This section shall not apply to any offense in which the victim is a person described in Section 1203.097, an offense for which the named victim is entitled to restitution as described in Section 1202.4, an offense that requires registration pursuant to Section 290, an offense that can be filed as either a misdemeanor or a felony at the discretion of the prosecution, or a violation of Section 23103, 23152, or 23153 of the Vehicle Code.SEC. 3. 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 17.7 of the Penal Code is amended to read:17.7.The Legislature finds and declares the following:(a)Strategies supporting reentering community members through practices and programs, such as standardized risk and needs assessments, transitional community housing, treatment, medical and mental health services, and employment, have been demonstrated to significantly reduce recidivism among in other states.(b)Improving outcomes among community members reentering the community after serving time in a correctional facility will promote public safety and will reduce Californias prison and jail populations.(c)California reentry programs that encompass strategies known to reduce recidivism warrant vigorous ongoing support using readily available resources in the community, and a comprehensive long-term development plan for future budget years designed to expand the availability, impact, and sustainability of these strategies as further community partnerships are identified and developed. | |
| 56 | 55 | ||
| 57 | 56 | The people of the State of California do enact as follows: | |
| 58 | 57 | ||
| 59 | 58 | ## The people of the State of California do enact as follows: | |
| 60 | 59 | ||
| 60 | + | SECTION 1. Section 1202b is added to the Penal Code, to read:1202b. (a) For purposes of this section, anticipated prison stay means an estimate of the defendants expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations.(b) In any case where a prison sentence may be imposed, the reports required to be prepared by the probation department pursuant to subdivision (b) of Section 1191.3 and subparagraph (A) of paragraph (2) of subdivision (b) of Section 1203 shall include an estimate of the defendants anticipated prison stay.(c) At the time of sentencing, the court shall cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Sections 2900.5, 2933.1, 2933.2, and 4019.(d) At the time of sentencing, if the court imposes a prison sentence, the court shall determine the defendants anticipated prison stay using the estimate from subdivision (b). The court may disregard the probation departments estimate from subdivision (b) if it determines the defendant would have a shorter length of stay than estimated by the probation department.(e) If the court determines in subdivision (d) that the defendant will serve 365 days or less in state prison, the court shall order that the defendant serve the sentence in the custody of the sheriff or county jail administrator unless that order is prohibited by any initiative statute.(f) Anyone who remains in the custody of the county sheriff or county jail administrator shall earn credit at either the rate specified in Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulation or authority, or the rates specified in Section 2900.5, subdivision (c) of Section 2933.1, subdivision (c) of Section 2933.2, or Section 4019. The defendant shall earn credit at whichever rate results in a greater accumulation of credit for the defendant. The defendant shall also be eligible for any other credit earning, work furlough, or similar program available to people in county jail. | |
| 61 | + | ||
| 62 | + | SECTION 1. Section 1202b is added to the Penal Code, to read: | |
| 63 | + | ||
| 64 | + | ### SECTION 1. | |
| 65 | + | ||
| 66 | + | 1202b. (a) For purposes of this section, anticipated prison stay means an estimate of the defendants expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations.(b) In any case where a prison sentence may be imposed, the reports required to be prepared by the probation department pursuant to subdivision (b) of Section 1191.3 and subparagraph (A) of paragraph (2) of subdivision (b) of Section 1203 shall include an estimate of the defendants anticipated prison stay.(c) At the time of sentencing, the court shall cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Sections 2900.5, 2933.1, 2933.2, and 4019.(d) At the time of sentencing, if the court imposes a prison sentence, the court shall determine the defendants anticipated prison stay using the estimate from subdivision (b). The court may disregard the probation departments estimate from subdivision (b) if it determines the defendant would have a shorter length of stay than estimated by the probation department.(e) If the court determines in subdivision (d) that the defendant will serve 365 days or less in state prison, the court shall order that the defendant serve the sentence in the custody of the sheriff or county jail administrator unless that order is prohibited by any initiative statute.(f) Anyone who remains in the custody of the county sheriff or county jail administrator shall earn credit at either the rate specified in Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulation or authority, or the rates specified in Section 2900.5, subdivision (c) of Section 2933.1, subdivision (c) of Section 2933.2, or Section 4019. The defendant shall earn credit at whichever rate results in a greater accumulation of credit for the defendant. The defendant shall also be eligible for any other credit earning, work furlough, or similar program available to people in county jail. | |
| 67 | + | ||
| 68 | + | 1202b. (a) For purposes of this section, anticipated prison stay means an estimate of the defendants expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations.(b) In any case where a prison sentence may be imposed, the reports required to be prepared by the probation department pursuant to subdivision (b) of Section 1191.3 and subparagraph (A) of paragraph (2) of subdivision (b) of Section 1203 shall include an estimate of the defendants anticipated prison stay.(c) At the time of sentencing, the court shall cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Sections 2900.5, 2933.1, 2933.2, and 4019.(d) At the time of sentencing, if the court imposes a prison sentence, the court shall determine the defendants anticipated prison stay using the estimate from subdivision (b). The court may disregard the probation departments estimate from subdivision (b) if it determines the defendant would have a shorter length of stay than estimated by the probation department.(e) If the court determines in subdivision (d) that the defendant will serve 365 days or less in state prison, the court shall order that the defendant serve the sentence in the custody of the sheriff or county jail administrator unless that order is prohibited by any initiative statute.(f) Anyone who remains in the custody of the county sheriff or county jail administrator shall earn credit at either the rate specified in Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulation or authority, or the rates specified in Section 2900.5, subdivision (c) of Section 2933.1, subdivision (c) of Section 2933.2, or Section 4019. The defendant shall earn credit at whichever rate results in a greater accumulation of credit for the defendant. The defendant shall also be eligible for any other credit earning, work furlough, or similar program available to people in county jail. | |
| 69 | + | ||
| 70 | + | 1202b. (a) For purposes of this section, anticipated prison stay means an estimate of the defendants expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations.(b) In any case where a prison sentence may be imposed, the reports required to be prepared by the probation department pursuant to subdivision (b) of Section 1191.3 and subparagraph (A) of paragraph (2) of subdivision (b) of Section 1203 shall include an estimate of the defendants anticipated prison stay.(c) At the time of sentencing, the court shall cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Sections 2900.5, 2933.1, 2933.2, and 4019.(d) At the time of sentencing, if the court imposes a prison sentence, the court shall determine the defendants anticipated prison stay using the estimate from subdivision (b). The court may disregard the probation departments estimate from subdivision (b) if it determines the defendant would have a shorter length of stay than estimated by the probation department.(e) If the court determines in subdivision (d) that the defendant will serve 365 days or less in state prison, the court shall order that the defendant serve the sentence in the custody of the sheriff or county jail administrator unless that order is prohibited by any initiative statute.(f) Anyone who remains in the custody of the county sheriff or county jail administrator shall earn credit at either the rate specified in Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulation or authority, or the rates specified in Section 2900.5, subdivision (c) of Section 2933.1, subdivision (c) of Section 2933.2, or Section 4019. The defendant shall earn credit at whichever rate results in a greater accumulation of credit for the defendant. The defendant shall also be eligible for any other credit earning, work furlough, or similar program available to people in county jail. | |
| 61 | 71 | ||
| 62 | 72 | ||
| 63 | 73 | ||
| 64 | - | ||
| 65 | - | (a)For purposes of this section, anticipated prison stay means an estimate of the defendants expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations. | |
| 66 | - | ||
| 67 | - | ||
| 74 | + | 1202b. (a) For purposes of this section, anticipated prison stay means an estimate of the defendants expected length of stay in state prison, including pretrial credit earned under Sections 2900.5, 2933.1, 2933.2, and 4019, postsentence credit pursuant to subdivision (c) of Section 3371.1 of Title 15 of the California Code of Regulations, and credit for good conduct that is anticipated to be awarded under Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulations or authority. The estimate shall assume that the defendant will be classified in workgroup A-1. This estimate shall not include credit that could be earned under any other prison program, including those in Sections 3043.3, 3043.4, 3043.5, and 3043.6 of Title 15 of the California Code of Regulations. | |
| 68 | 75 | ||
| 69 | 76 | (b) In any case where a prison sentence may be imposed, the reports required to be prepared by the probation department pursuant to subdivision (b) of Section 1191.3 and subparagraph (A) of paragraph (2) of subdivision (b) of Section 1203 shall include an estimate of the defendants anticipated prison stay. | |
| 70 | 77 | ||
| 71 | - | ||
| 72 | - | ||
| 73 | 78 | (c) At the time of sentencing, the court shall cause to be recorded on the judgment or commitment the total time in custody to be credited on the sentence under Sections 2900.5, 2933.1, 2933.2, and 4019. | |
| 74 | - | ||
| 75 | - | ||
| 76 | 79 | ||
| 77 | 80 | (d) At the time of sentencing, if the court imposes a prison sentence, the court shall determine the defendants anticipated prison stay using the estimate from subdivision (b). The court may disregard the probation departments estimate from subdivision (b) if it determines the defendant would have a shorter length of stay than estimated by the probation department. | |
| 78 | 81 | ||
| 79 | - | ||
| 80 | - | ||
| 81 | 82 | (e) If the court determines in subdivision (d) that the defendant will serve 365 days or less in state prison, the court shall order that the defendant serve the sentence in the custody of the sheriff or county jail administrator unless that order is prohibited by any initiative statute. | |
| 82 | - | ||
| 83 | - | ||
| 84 | 83 | ||
| 85 | 84 | (f) Anyone who remains in the custody of the county sheriff or county jail administrator shall earn credit at either the rate specified in Section 3043.2 of Title 15 of the California Code of Regulations, or any successor regulation or authority, or the rates specified in Section 2900.5, subdivision (c) of Section 2933.1, subdivision (c) of Section 2933.2, or Section 4019. The defendant shall earn credit at whichever rate results in a greater accumulation of credit for the defendant. The defendant shall also be eligible for any other credit earning, work furlough, or similar program available to people in county jail. | |
| 86 | 85 | ||
| 86 | + | SEC. 2. Section 1386.1 is added to the Penal Code, to read:1386.1. (a) A person shall not be subject to prosecution for a nonfelony offense that is pending against that person at the time of that persons commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, to a county facility as a ward of the juvenile court, or to a county jail pursuant to subdivision (h) of Section 1170.(b) This section shall not apply to any offense in which the victim is a person described in Section 1203.097, an offense for which the named victim is entitled to restitution as described in Section 1202.4, an offense that requires registration pursuant to Section 290, an offense that can be filed as either a misdemeanor or a felony at the discretion of the prosecution, or a violation of Section 23103, 23152, or 23153 of the Vehicle Code. | |
| 87 | 87 | ||
| 88 | + | SEC. 2. Section 1386.1 is added to the Penal Code, to read: | |
| 88 | 89 | ||
| 89 | - | SEC. 2.SECTION 1. Section 1386.1 is added to the Penal Code, to read:1386.1. (a) A person shall not be subject to prosecution for a nonfelony offense that is pending against that person at the time of that persons commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, to a county facility as a ward of the juvenile court, or to a county jail pursuant to subdivision (h) of Section 1170.(b) This section shall not apply to any offense in which the victim is a person described in Section 1203.097, an offense for which the named victim is entitled to restitution as described in Section 1202.4, an offense that requires registration pursuant to Section 290, an offense that can be filed as either a misdemeanor or a felony at the discretion of the prosecution, or a violation of Section 23103, 23152, or 23153 of the Vehicle Code. | |
| 90 | - | ||
| 91 | - | SEC. 2.SECTION 1. Section 1386.1 is added to the Penal Code, to read: | |
| 92 | - | ||
| 93 | - | ### SEC. 2.SECTION 1. | |
| 90 | + | ### SEC. 2. | |
| 94 | 91 | ||
| 95 | 92 | 1386.1. (a) A person shall not be subject to prosecution for a nonfelony offense that is pending against that person at the time of that persons commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, to a county facility as a ward of the juvenile court, or to a county jail pursuant to subdivision (h) of Section 1170.(b) This section shall not apply to any offense in which the victim is a person described in Section 1203.097, an offense for which the named victim is entitled to restitution as described in Section 1202.4, an offense that requires registration pursuant to Section 290, an offense that can be filed as either a misdemeanor or a felony at the discretion of the prosecution, or a violation of Section 23103, 23152, or 23153 of the Vehicle Code. | |
| 96 | 93 | ||
| 97 | 94 | 1386.1. (a) A person shall not be subject to prosecution for a nonfelony offense that is pending against that person at the time of that persons commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, to a county facility as a ward of the juvenile court, or to a county jail pursuant to subdivision (h) of Section 1170.(b) This section shall not apply to any offense in which the victim is a person described in Section 1203.097, an offense for which the named victim is entitled to restitution as described in Section 1202.4, an offense that requires registration pursuant to Section 290, an offense that can be filed as either a misdemeanor or a felony at the discretion of the prosecution, or a violation of Section 23103, 23152, or 23153 of the Vehicle Code. | |
| 98 | 95 | ||
| 99 | 96 | 1386.1. (a) A person shall not be subject to prosecution for a nonfelony offense that is pending against that person at the time of that persons commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, to a county facility as a ward of the juvenile court, or to a county jail pursuant to subdivision (h) of Section 1170.(b) This section shall not apply to any offense in which the victim is a person described in Section 1203.097, an offense for which the named victim is entitled to restitution as described in Section 1202.4, an offense that requires registration pursuant to Section 290, an offense that can be filed as either a misdemeanor or a felony at the discretion of the prosecution, or a violation of Section 23103, 23152, or 23153 of the Vehicle Code. | |
| 100 | 97 | ||
| 101 | 98 | ||
| 102 | 99 | ||
| 103 | 100 | 1386.1. (a) A person shall not be subject to prosecution for a nonfelony offense that is pending against that person at the time of that persons commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, to a county facility as a ward of the juvenile court, or to a county jail pursuant to subdivision (h) of Section 1170. | |
| 104 | 101 | ||
| 105 | 102 | (b) This section shall not apply to any offense in which the victim is a person described in Section 1203.097, an offense for which the named victim is entitled to restitution as described in Section 1202.4, an offense that requires registration pursuant to Section 290, an offense that can be filed as either a misdemeanor or a felony at the discretion of the prosecution, or a violation of Section 23103, 23152, or 23153 of the Vehicle Code. | |
| 106 | 103 | ||
| 104 | + | SEC. 3. 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. | |
| 105 | + | ||
| 106 | + | SEC. 3. 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. | |
| 107 | + | ||
| 108 | + | SEC. 3. 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. | |
| 109 | + | ||
| 110 | + | ### SEC. 3. | |
| 107 | 111 | ||
| 108 | 112 | ||
| 109 | - | 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. | |
| 113 | + | ||
| 114 | + | ||
| 115 | + | ||
| 116 | + | The Legislature finds and declares the following: | |
| 117 | + | ||
| 118 | + | ||
| 119 | + | ||
| 120 | + | (a)Strategies supporting reentering community members through practices and programs, such as standardized risk and needs assessments, transitional community housing, treatment, medical and mental health services, and employment, have been demonstrated to significantly reduce recidivism among in other states. | |
| 121 | + | ||
| 122 | + | ||
| 123 | + | ||
| 124 | + | (b)Improving outcomes among community members reentering the community after serving time in a correctional facility will promote public safety and will reduce Californias prison and jail populations. | |
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | (c)California reentry programs that encompass strategies known to reduce recidivism warrant vigorous ongoing support using readily available resources in the community, and a comprehensive long-term development plan for future budget years designed to expand the availability, impact, and sustainability of these strategies as further community partnerships are identified and developed. |