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.

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. The bill would specify that these changes apply retroactively.

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 512

Author:(Mark Stone) – As Amended Ver:April 16, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill increases, from six weeks to 18 weeks, the maximum additional program credits that may be awarded to an eligible state prison inmate, as specified, during any 12-month period of continuous incarceration for the successful completion of certain programs offered by the California Department of Corrections and Rehabilitation (CDCR). This bill specifies the individuals who would not be eligible for the program, and makes the criteria retroactive.

FISCAL EFFECT:

1. This bill will result in significant one-costs to CDRC in the range of $600,000 to $1 million (GF) as follows:

1. Reprogramming costs to the CDCR Strategic Offender Management System could be in the range of $200,000 to $500,000.

2. One-time costs of approximately $100,000 to promulgate regulations.

3. A mass review and recalculation of cases will be conducted to update all cases by hand to provide the appropriate credit to individuals who may have taken a course and would now be eligible for some credit. This will require overtime funding for existing staff in the $300,000 - $400,000 range.

2. According to CDCR, the annual costs to house an inmate out-of-state is approximately $29,000. If an eligible inmate receives the maximum additional credit of 12 weeks, annual savings would be approximately $7,000 (GF) per inmate. Restrictions on the maximum additional credit an inmate may earn, based on the type of crime committed, may restrict the use of the 12 additional weeks. While it is not clear at this time how many inmates will be able to participate in the permissive program and how many will be able to receive the maximum credit, if 300 inmates participate for half the additional credit (6 weeks), the savings to CDCR would be in the $1 million range.

COMMENTS:

1. Background. Current law provides that in addition to credit awarded for good behavior, CDCR may also award an eligible prisoner program credit reduction from his or her term of confinement. The Secretary of CDCR is responsible for providing guidelines for credit reductions for inmates who successfully complete specific programming performance objectives for approved rehabilitative programming, including, but not limited to, credit reductions of not less than one week to not more than six weeks for each performance milestone. Regulations promulgated by CDCR specify the credit reductions applicable to distinct objectives, in a schedule of graduated program performance objectives concluding with the successful completion of an in-custody rehabilitation program. A prisoner may not have his or her term reduced by more than six weeks for credits awarded during any 12-month period of continuous confinement. However, a person serving a prison term for the commission of a "violent" felony, or sentenced to prison under the "Three strikes Law"; or required to register as a convicted sex offender, is not eligible for the six-week credit.

2. Purpose. According to the author, "In spite of a recent reduction in the prison population due to realignment, California’s prisons continue to be overcrowded, which compromises the safety of incarcerated people and prison staff and reduces the effectiveness of rehabilitation efforts. As of February 2015, the California prison system was at 136.6% of design capacity.

"Credit Earning Programs relieve prison overpopulation by allowing eligible prisoners to modestly reduce their sentences through certain approved education and life skills programs that help prepare for life after release. Research suggests that people who participate in this type of rehabilitative programming are significantly less likely to recidivate."

3. Argument in Support: The American Civil Liberties Union states, "AB 512 will expand the number of sentence reduction credits eligible prisoners can receive, from a maximum of 6 weeks per year, to 18 weeks per year off their time served. Under the bill, this expansion will apply retroactively. This bill helps ensure that currently eligible prisoners have the opportunity and incentive to continue to participate in and complete recidivism-reducing curriculum.

“The use of credits is a particularly effective way to reduce the number of people in California’s prisons because credits received are directly tied to participation in rehabilitation programs. Prisoners have to earn the credits through their involvement in work, educational programs, and positive programming, which will provide them skills that will be useful once they leave prison and return to our communities."

4. Argument in Opposition. The California District Attorneys Association states, “AB 512 goes too far by tripling the enhanced credits available to eligible inmates. Given that other laws have greatly curtailed the categories of inmates who actually go to state prison, this level of increase in credits seems excessive.

5. Prior Legislation: AB 624 (Mitchell), Chapter 266, Statutes of 2013, authorized a sheriff or county director of corrections to award a prisoner program credit reduction of no more than six weeks during any 12-month period, to be deducted from an inmate's term of confinement for the successful completion of performance objectives for approved rehabilitative programming.

Analysis Prepared by: Pedro R. Reyes / APPR. / (916) 319-2081

Date of Hearing: April 7, 2015

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 512

Author:(Mark Stone) – As Introduced Ver:February 23, 2015

SUMMARY:

Increases from six weeks to 18 weeks the maximum additional program credits that may be awarded to a state prison inmate during any 12 month period of continuous incarceration for the successful completion of certain programs offered by the California Department of Corrections and Rehabilitation (CDCR). Specifically, this bill:

1. Increases from six weeks to 18 weeks the maximum additional program credits that may be awarded to a state prison inmate during any 12 month period of continuous incarceration for the successful completion of certain programs offered by CDCR.
   
   

2. States that persons serving a sentence for conviction of a "violent" felony, or a conviction under the "Three Strikes Law', shall not be eligible for program credit reductions that in combination with credit reductions under other provisions of law would exceed 20% of the total term of imprisonment imposed.
   
   

3. Provides that all the following prisoners shall not be eligible for additional program credits:
   
   

   1. A person sentenced to prison under the "One Strike Sex Law", or as a "Habitual Sex Offender";
      
      

   2. Persons sentenced to state prison for conviction of specified serious and violent felonies with prior conviction for serious and violent felonies, and are ineligible to earn credit on his or her term of imprisonment;
      
      

   3. A person serving a life sentence without possibility of parole; and
      
      

   4. A person sentenced to death.

EXISTING LAW:

1. Provides that in addition to credit awarded for good behavior, CDCR may also award a prisoner program credit reduction from his or her term of confinement. The Secretary of CDCR shall provide guidelines for credit reductions for inmates who successfully complete specific programming performance objectives for approved rehabilitative programming, including, but not limited to, credit reductions of not less than one week to credit reduction of not more than six weeks for each performance milestone. Regulations promulgated by CDCR shall specify the credit reductions applicable to distinct objectives in a schedule of graduated program performance objectives concluding with the successful completion of an in-custody rehabilitation program. Commencing upon the approval of these guidelines, the sheriff shall thereafter calculate and award credit reductions as authorized. A prisoner may not have his or her term reduced by more than six weeks for credits awarded during any 12-month period of continuous confinement. (Pen Code, § 2933.05, subd. (a).)
   
   

2. Prohibits the following persons from earning additional program credits :
   
   

   1. Any person serving a prison term for the commission of a "violent" felony;
      
      

   2. Any person sentenced to prison under the "Three strikes Law"; and,
      
      

   3. Any person required to register as a convicted sex offender.
      
      

3. States that program credits is a privilege, not a right. Prisoners shall have a reasonable opportunity to participate in program credit qualifying assignments in a manner consistent with institutional security and available resources. Assignments made to program credit qualifying programs shall be made in accordance with the prisoner's case plan, when available. (Pen Code, § 2933.05, subd. (b).)
   
   

4. Provides that "approved rehabilitation programming" shall include, but is not limited to, academic programs, vocational programs, vocational training, and core programs such as anger management and social life skills, and substance abuse programs. (Pen Code, § 2933.05, subd. (c).)
   
   

5. Provides that additional credits awarded may be forfeited, as specified. Inmates shall not be eligible for program credits that result in an inmate being overdue for release. (Pen Code, § 2933.05, subd. (d).)
   
   

6. Allows the CDCR, with specific exceptions, to reduce the sentence of a person committed to CDCR by one-third for good behavior and participation, and may reduce the sentence by as much as one-half for participation in one-half-time credit qualifying assignments or educational programs. (Pen Code, § § 2931 and 2933.)
   
   

7. Provides that a person convicted of a "violent" felony offense shall accrue no more than 15 percent of work-time credit, as defined. (Pen. Code, § 2933.1.)
   
   

8. States that the total number of credits awarded to any person sentenced under the "Three Strikes Law" shall not exceed one-fifth of the total term of imprisonment and shall not accrue until the defendant is physically placed in the state prison. (Pen Code, § 667, subd. (c)(5)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "In spite of a recent reduction in the prison population due to realignment, California’s prisons continue to be overcrowded, which compromises the safety of incarcerated people and prison staff and reduces the effectiveness of rehabilitation efforts. As of February 2015, the California prison system was at 136.6% of design capacity.

"Credit Earning Programs relieve prison overpopulation by allowing eligible prisoners to modestly reduce their sentences through certain approved education and life skills programs that help prepare for life after release. Research suggests that people who participate in this type of rehabilitative programming are significantly less likely to recidivate.

"CDCR data shows that California prisons have an alarmingly high 63.7% three year recidivism rate. However, Credit Earning programs have a proven track record of helping people released from prison stay out of trouble with the law. For instance, incarcerated people who completed the Substance Abuse Program training had a recidivism rate of less than half the statewide recidivism rate. Just 5.4% of prisoners who graduated from the Prison University Project, which provides higher education programs for San Quentin State Prison prisoners, returned to prison within one year. A comparable group of prisoners who did not enroll in the program had a one year recidivism rate of 21.2%. Other available credit earning programs include vocational training, academic training, and firefighting programs.

"Credit earning programs are a key example of programs that the California Rehabilitation Oversight Board (CROB) has recommended expanding because they create 'positive reinforcements for offenders who successfully complete their rehabilitation program requirements.' This bill provides prisoners an additional incentive to participate in programs that CROB has recommended. The prisoners who are eligible for these credits already have a set release date or hearing, but most of these individuals will be released without having participated in any evidence-based programming aimed at reducing their likelihood of recidivating. By providing a greater incentive to participate and complete programs, we are encouraging prisoners to participate in programs that create opportunities for education and learning life skills. Furthermore, by encouraging prisoners to participate in these programs we can better help prisoners transition back into society."

2. Argument in Support: The American Civil Liberties Union states, "AB 512 will expand the number of sentence reduction credits eligible prisoners can receive, from a maximum of 6 weeks per year, to 18 weeks per year off their time served. Under the bill, this expansion will apply retroactively. This bill helps ensure that currently eligible prisoners have the opportunity and incentive to continue to participate in and complete recidivism-reducing curriculum. Additionally, although the bill does not make every prisoner eligible for expanded credits, the measure does provide credits to Second Strikers; people with convictions for serious or violent crimes so long as they do not exceed the limitations of the Three Strikes initiatives (i.e. 20% or 1/5 time off of one’s sentence); and people serving time for a parole violation who do not have a new term.
   
   “The use of credits is a particularly effective way to reduce the number of people in California’s prisons because credits received are directly tied to participation in rehabilitation programs. Prisoners have to earn the credits through their involvement in work, educational programs, and positive programming, which will provide them skills that will be useful once they leave prison and return to our communities. Research overwhelmingly suggests that people who participate in rehabilitative programming are significantly less likely to commit new crimes upon release from prison. For example, CDCR date from 2012 revealed an overall recidivism rate of 63.7%, while prisoners who completed Substance Abuse Program Training had a lower rate of 31.3% recidivism. Those who graduated from the Prison University Project had an even lower rate of 5.4%.”
   
   

3. Argument in Opposition: The California District Attorneys Association states, “This bill would amend Penal Code section 2933.05 to increase the enhanced program credits allowed against a state prison sentence from 6 to 18 weeks per year, and would reduce the categories of inmates excluded from earning such enhanced program credits.
   
   “As an initial matter, AB 512 goes too far by tripling the enhanced credits available to eligible inmates. Given that other laws have greatly curtailed the categories of inmates who actually go to state prison, this level of increase in credits seems excessive.
   
   “Perhaps more troubling is the way this bill tinkers with the categories of inmates who would be ineligible for the enhanced program credits. Under current law, inmates convicted of violent felonies cannot receive credits in excess of 15 percent (PC 2933.1), and are excluded from earning enhanced program credits. AB 512 would not only make them eligible to earn enhanced program credits, but would raise the 15 percent cap to 20 percent. Additionally, while current law excludes PC 290 registrant sex offenders from earning enhanced program credits, AB 512 seeks to remove that eligibility exclusion.
   
   “Allowing violent felons and sex offenders to earn credits three times faster so that they can be released sooner jeopardizes public safety and does a disservice to victims of crime. For those reasons, we must respectfully oppose AB 512.”
   
   

4. Prior Legislation: AB 624 (Mitchell), Chapter 266, Statutes of 2013, authorized a sheriff or county director of corrections to award a prisoner program credit reduction of no more than six weeks during any 12 month period deducted from an inmate's term of confinement for the successful completion of performance objectives for approved rehabilitative programming.

REGISTERED SUPPORT / OPPOSITION:

Support

Californians United for a Responsible Budget (Sponsor)
Dignity and Power Now (Sponsor)
Ella Baker Center for Human Rights (Sponsor)
American Friends Service Committee
Center on Juvenile and Criminal Justice
National Association of Social Workers – California Chapter
American Civil Liberties Union
Alliance for Change
Drug Policy Alliance
California Attorneys for Criminal Justice
California Catholic Conference of Bishops
California Public Defenders Association
Justice Not Jails
Courage Campaign
Roots & Rebound
Parents for Addiction Treatment and Healing
A New Way of life
Hunger Action Los Angeles
Community United Against Violence
Time for Change Foundation
Communities United for Restorative Justice

Legal Services for Prisoners with Children
One Private Citizen

Opposition

California District Attorneys Association

Analysis Prepared by:

Gregory Pagan / PUB. S. / (916) 319-3744