Bills

AB 512: Corrections: program credit reductions.

  • Session Year: 2015-2016
  • House: Assembly
  • Latest Version Date: 2015-04-16
Version:

Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Except as provided, existing law requires that for every 6 months of continuous incarceration, a state prisoner be awarded credit reductions from his or her term of confinement of 6 months. Existing law authorizes an award to the prisoner of up to 6 weeks of additional credit during any 12-month period of continuous confinement for the prisoners successful completion of certain programs offered by the department.

This bill would increase the number of weeks of additional program credit reductions that may be awarded to a prisoner pursuant to the provision described above from 6 to 18.

Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, prohibits the total amount of credits awarded to certain recidivist offenders from exceeding one-fifth of the total term of imprisonment imposed. Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act, adopted November 7, 2006, commonly known as Jessicas Law, requires a person convicted of certain felonies under specified circumstances to be committed to prison for a term of years to life. Existing law excludes certain prisoners from eligibility for the additional program credit reduction provision described above, including any person convicted of, or sentenced to state prison pursuant to provisions relating to, specified serious or violent felonies, any person required to register as a sex offender, and any person serving a term of imprisonment as a result of a violation of parole without a new term.

This bill would revise the exclusion described above by instead providing that specified prisoners, including, among others, a person serving a life sentence without the possibility of parole, a person sentenced to death, and a person sentenced pursuant to the provisions of Jessicas Law described above, are not eligible for program credit reductions. The bill would also provide that a person convicted of, or sentenced to state prison pursuant to provisions relating to, specified serious or violent felonies is not eligible to receive program credit reductions that, in combination with credit reductions pursuant to any other law, are in excess of the limits imposed by the Three Strikes Law. specified limits. The bill would specify that these changes apply retroactively.

Discussed in Hearing

Assembly Standing Committee on Public Safety15MIN
Apr 7, 2015

Assembly Standing Committee on Public Safety

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