California 2025 2025-2026 Regular Session

California Assembly Bill ACA10 Introduced / Bill

Filed 03/05/2025

                    CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Constitutional Amendment No. 10Introduced by Assembly Member DeMaioMarch 05, 2025 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing Section 32 of Article I thereof, relating to parole.LEGISLATIVE COUNSEL'S DIGESTACA 10, as introduced, DeMaio. Parole.The California Constitution makes a person convicted of a nonviolent felony offense and sentenced to state prison eligible for parole after completing the full term of their primary offense. The California Constitution gives the Department of Corrections and Rehabilitation authority to award credits for good behavior and approved rehabilitative or educational achievements. The California Constitution requires the department to adopt regulations for these purposes.This measure would repeal those provisions.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextResolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 202526 Regular Session commencing on the second day of December 2024, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows: That Section 32 of Article I thereof is repealed.SEC. 32.(a)The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law:(1)Parole Consideration: Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.(A)For purposes of this section only, the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.(2)Credit Earning: The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.(b)The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Constitutional Amendment No. 10Introduced by Assembly Member DeMaioMarch 05, 2025 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing Section 32 of Article I thereof, relating to parole.LEGISLATIVE COUNSEL'S DIGESTACA 10, as introduced, DeMaio. Parole.The California Constitution makes a person convicted of a nonviolent felony offense and sentenced to state prison eligible for parole after completing the full term of their primary offense. The California Constitution gives the Department of Corrections and Rehabilitation authority to award credits for good behavior and approved rehabilitative or educational achievements. The California Constitution requires the department to adopt regulations for these purposes.This measure would repeal those provisions.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Constitutional Amendment 

No. 10

Introduced by Assembly Member DeMaioMarch 05, 2025

Introduced by Assembly Member DeMaio
March 05, 2025

 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by repealing Section 32 of Article I thereof, relating to parole.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

ACA 10, as introduced, DeMaio. Parole.

The California Constitution makes a person convicted of a nonviolent felony offense and sentenced to state prison eligible for parole after completing the full term of their primary offense. The California Constitution gives the Department of Corrections and Rehabilitation authority to award credits for good behavior and approved rehabilitative or educational achievements. The California Constitution requires the department to adopt regulations for these purposes.This measure would repeal those provisions.

The California Constitution makes a person convicted of a nonviolent felony offense and sentenced to state prison eligible for parole after completing the full term of their primary offense. The California Constitution gives the Department of Corrections and Rehabilitation authority to award credits for good behavior and approved rehabilitative or educational achievements. The California Constitution requires the department to adopt regulations for these purposes.

This measure would repeal those provisions.

## Digest Key

## Bill Text

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 202526 Regular Session commencing on the second day of December 2024, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

 That Section 32 of Article I thereof is repealed.SEC. 32.(a)The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law:(1)Parole Consideration: Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.(A)For purposes of this section only, the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.(2)Credit Earning: The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.(b)The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.

 That Section 32 of Article I thereof is repealed.

### 

SEC. 32.(a)The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law:(1)Parole Consideration: Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.(A)For purposes of this section only, the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.(2)Credit Earning: The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.(b)The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.



(a)The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law:



(1)Parole Consideration: Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.



(A)For purposes of this section only, the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.



(2)Credit Earning: The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.



(b)The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.