AB 1898: Crimes: child pornography: early release credits.

Notwithstanding any other law, the California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, grants the Department of Corrections and Rehabilitation the authority to award credits earned for good behavior and approved rehabilitative or educational achievements.

Under existing law, a prisoner can reduce their term of imprisonment by earning credit for, among other things, continuous incarceration, good behavior, and participation in approved rehabilitative programming. Existing law prohibits a prisoner convicted of specified felony offenses from earning credit if the prisoner previously has been convicted of one of those felony offenses 2 or more times and has served 2 or more separate prior prison terms. Under existing law, the felonies for which credits may not be earned include lewd and lascivious acts on a child under 14 years of age by use of force, violence, duress, menace, or fear and continuous sexual abuse of a child, as specified. Under existing law, a person sentenced to a determinate sentence is released after serving the term of their sentence, minus any credits earned, and is required to serve a period of time after release under parole supervision.

This bill would include specified felonies involving, among other things, the knowing depiction, production, distribution, advertising, possession, control, and use of material depicting a person under 18 years of age engaging in or simulating sexual conduct, as defined, in the list of felonies that the commission of which make a person ineligible for credits against a sentence as provided above. The bill would also expand the prohibition on lewd and lascivious acts on a child under 14 years of age to include acts that do not require the use of force, violence, duress, menace, or fear.