Existing law makes it a crime for a person who has the care or custody of a child to willfully cause or permit the person or health of that child to be injured or willfully cause or permit that child to be placed in a situation where the childs health may be endangered, as specified. Existing law imposes a 4-year enhancement on a person who violates that provision and who willfully causes or permits a child to suffer, inflicts thereon unjustifiable physical pain or injury that results in death, or, having the care or custody of a child, willfully causes or permits that child to be injured or harmed, as specified, and that injury or harm results in death.

Existing law requires a person who, having the care or custody of a child who is under 8 years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the childs death, to be punished by imprisonment in the state prison for 25 years to life.

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. The California Constitution grants to the Department of Corrections and Rehabilitation the sole authority to award credits for good behavior and approved rehabilitative or educational achievements. 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.

Existing law makes an inmate of a state prison, or of a county jail, who has completed training for assignment to a correctional institution as an inmate firefighter, or who is assigned to a correctional institution as an inmate firefighter, eligible to earn 2 days of credit for every one day served in that assignment or after completing that training.

This bill bill, Rylas Law, would make a person convicted of specific child abuse crimes ineligible to earn 2 days of credit for every one day served as an inmate firefighter or after completing inmate firefighting training. By reducing the amount of credits an inmate sentenced to county jail can earn, this bill would create a state-mandated local program.

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 no reimbursement is required by this act for a specified reason.

Existing law prohibits plea bargaining in a case in which a serious felony is charged and imposes a 5-year enhancement for conviction of a serious felony if the person has previously been convicted of a serious felony. Existing law makes a felony in which the defendant personally inflicts great bodily injury on a person a serious felony.

Existing law makes it a crime for a person who has the care or custody of a child to willfully cause or permit the person or health of that child to be injured or willfully cause or permit that child to be placed in a situation where the childs health may be endangered, as specified. Existing law imposes a 4-year enhancement on a person who violates that provision and who willfully causes or permits a child to suffer, inflicts thereon unjustifiable physical pain or injury that results in death, or, having the care or custody of a child, willfully causes or permits that child to be injured or harmed, as specified, and that injury or harm results in death.

Existing law requires a person who, having the care or custody of a child who is under 8 years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the childs death, to be punished by imprisonment in the state prison for 25 years to life.

This bill, Rylas Law, would make the child abuse crimes described above serious felonies for the above-specified purposes. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.

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. The California Constitution grants to the Department of Corrections and Rehabilitation the sole authority to award credits for good behavior and approved rehabilitative or educational achievements. 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.

Existing law makes an inmate of a state prison, or of a county jail, who has completed training for assignment to a correctional institution as an inmate firefighter, or who is assigned to a correctional institution as an inmate firefighter, eligible to earn 2 days of credit for every one day served in that assignment or after completing that training.

This bill would make a person convicted of specific child abuse crimes ineligible to earn 2 days of credit for every one day served as an inmate firefighter or after completing inmate firefighting training. By reducing the amount of credits an inmate sentenced to county jail can earn, this bill would create a state-mandated local program.

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 no reimbursement is required by this act for a specified reason.

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 1011 (Hoover) - Crimes: child abuse and neglect: sentence credits

Bill Summary:

AB 1011 prohibits incarcerated firefighters from earning credits if they are convicted of a specified crime against a child, as specified.

Fiscal Impact:

Unknown, potentially significant costs (General Fund) to the Department of Corrections and Rehabilitation (CDCR) to incarcerate people for longer periods of time. The Legislative Analyst’s Office (LAO) estimates the average annual cost to incarcerate one person in state prison is $133,000. Thus, if even if just one incarcerated firefighter is prevented from earning credits under this bill, it will add significant costs pressures to CDCR. By way of illustration, if one person is incarcerated for an additional 10 years each as a result of this bill, it would cost the state at minimum $1,330,000. (See Staff Comments)

Background:

Under existing law, most incarcerated people serving as firefighters are eligible for credits that reduce the amount of time they are required to spend in custody. For example, an incarcerated person assigned to a conservation camp typically earns 2-for-1 credits, meaning the person receives credits worth two days off their sentence for every one day of the assignment. This bill makes an incarcerated person ineligible for 2-for-1 firefighter credits if the person was convicted of a specified offense against a child. In practice, this means such a person will earn credits at a lower rate and spend longer in custody.

There are several factors that may limit implementation of this measure. First, a person convicted of assault causing the death of a child under eight years old is not eligible for assignment as an incarcerated firefighter under existing law. Second, the scope of CDCR’s exclusive authority to award certain credits is currently being litigated. In 2016, voters passed Proposition 57, which, in pertinent part, amended the California Constitution to give CDCR authority to award credits for good behavior and approved rehabilitative and education achievements. Awarding credits to a person working as an incarcerated firefighter may fall within CDCR’s constitutional authority under Proposition 57. Absent a constitutional amendment or guidance from the courts, it is not clear whether the Legislature has the authority to change CDCR’s distribution of the credits affected by this bill.

Proposed Law:

Exempts an incarcerated person serving as a firefighter from earning specified credits if the incarcerated person was convicted of either of the following offenses:

• Child endangerment, if a sentence enhancement for great bodily injury was imposed; and,
• Assault causing the death of a child under eight years old.

Staff Comments: Mass incarceration in California did not occur in a vacuum; it was the result of decades of cumulative policy decisions, that while well-intentioned, collectively expanded the scope and severity of the criminal justice system. Although individual pieces of legislation like this bill, and many others introduced this legislative session, may appear narrow or incremental, their combined effect will significantly increase incarceration rates. California has a well-documented history of prison overcrowding, which culminated in federal court intervention and a U.S. Supreme Court ruling in Brown v. Plata (2011) that found the state’s prison conditions unconstitutional due to severe overcrowding. Returning to such conditions would undermine fiscal sustainability, public safety, and rehabilitation goals.

The Governor’s budget estimates that Proposition 36 (2024), which increased punishment for various theft and drug crimes, will increase the average daily prison population, creating additional costs pressures for the state. The state strives to have a balanced system that preserves public safety while remaining fiscally responsible. Given the state’s fiscal situation, the May Revision to the Governor’s 2025-26 Budget proposes to close one additional prison by October 2026. Upon full closure, the state will achieve an estimated savings of about $150 million General Fund annually. Measures that increase the incarcerated population threaten the state’s ability to continue making progress in right-sizing California’s prison system.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1011

Author:(Hoover)

As Amended Ver:April 10, 2025

Majority vote

SUMMARY

Makes any person convicted of child endangerment, if the four-year sentence enhancement for great bodily injury is imposed, and assault causing death of a child under 8-years-old ineligible to earn credits for their service as an inmate firefighter.

Major Provisions

COMMENTS

According to the Author

"Child abuse is always heartbreaking but when it results in death it is the worst kind of tragedy. Unfortunately, child abuse happens far too frequently in our country and usually at the hands of a parent or caretaker. Under California law, child abuse is considered a 'non-serious, non-violent' offense. That means when an individual is found guilty of this crime, the offender qualifies for early release programs. That is also true even when the abuse results in a child's death. This bill would prohibit a person whose abuse causes a child's death from being eligible to serve in a conservation/fire camp, which is the state's most generous early release program. Killing a child is a horrific crime and should be treated as such."

Arguments in Support

According to the California Association of School Police Chiefs, "In February of 2019, a young child named Ryla was given to her mom by a daycare worker – lifeless and near death. She was rushed to the hospital in an ambulance, having a stroke and a seizure on the way to the emergency room where she later died. Upon examining her body, the doctor determined that Ryla had suffered damage of the brain and her lung was blue and swollen. Ryla did not die of a seizure, she had suffered from abuse, which had resulted in her death. She was not yet two years old.

"The daycare center worker, who was found guilty for Ryla's death, was sentenced under PC 273a with the enhancement PC 12022.95. She was given the maximum sentence under California law, which is 10 years. Because child abuse is a non-violent crime, the daycare worker qualified to serve in a conservation camp, the most generous early release credit program that our state offers and was released after being incarcerated for only two years and eight months for the crime of killing a child.

"AB 1011 would prohibit persons convicted of child abuse under Penal Code Section 273a with a PC 12022.95 enhancement and PC Section 273ab, from serving as an inmate firefighter and earning the generous early release credits provided by that program… This bill is only singling out the most egregious child abuses offenders, who have been convicted of causing death to a child, to not qualify to serve in a conservation camp, which allows an inmate to earn two days of credit for every one day served as an inmate firefighter."

Arguments in Opposition

According to the Ella Baker Center for Human Rights, "The commission of such harm against a child already carries steep penalties. Existing law makes it a crime for a person who has the care or custody of a child to willfully cause or permit the person or health of that child to be injured or willfully cause or permit that child to be placed in a situation where the child's health may be endangered. Existing law imposes a 4-year enhancement on a person who violates that provision and who willfully causes or permits a child to suffer, inflicts unjustifiable physical pain or injury that results in death, or, having the care or custody of a child, willfully causes or permits that child to be injured or harmed and that injury or harm results in death. Existing law also requires a person who, having the care or custody of a child who is under 8 years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child's death, to be punished by imprisonment in the state prison for 25 years to life.

"AB 1011 will not prevent child neglect or support families - it is yet another ill-advised attempt at degrading the opportunity for rehabilitation and good conduct credits, which are strongly supported by California voters. Under existing law, people in prison can earn 2 days of credit for every one day served as an incarcerated firefighter or upon completion of firefighter training. This bill would deny these credits altogether if someone has a child abuse related conviction as outlined by AB 1011. Furthermore, AB 1011 is utterly misguided in the wake of the incredible heroism and bravery of incarcerated firefighters in response to the Los Angeles fires of January 2025. It is nonsensical and arbitrary to deny firefighter credits based on a certain conviction, especially when there is no legitimate connection between the conviction and participation in a fire program. Good conduct credits are not a "get out of jail free" card - instead, they are one of the most important investments into rehabilitation and education programming California has ever enacted. We should be incentivizing as many incarcerated people towards such programming as possible to help them turn their lives around, not curtailing access.

"Furthermore, significant research has found that lengthy prison terms do not deter future crime. Sentencing enhancements will not address violence in any demonstrable way. Enhancements are, however, one of the drivers of mass incarceration, a systematic means of economically and politically disenfranchising Black, Latinx and Indigenous families and communities. We urge the Committee to reject failed carceral approaches, and to invest in proven community-based solutions."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Incarceration costs (General Fund) to CDCR, possibly in the low hundreds of thousands of dollars annually. The actual number of incarcerated people who would be affected by this bill is unknown but is likely low given the existing restrictions on conservation camp participation. The Legislative Analyst's Office estimates the average annual cost to incarcerate one person in state prison is $133,000, though CDCR's per-person costs may be slightly lower in lower-security facilities like conservation camps. If two incarcerated firefighters must each spend an additional year incarcerated due to reduced credit earning under this bill, the cost to CDCR may be approximately $200,000. Actual costs will depend on the number of incarcerated firefighters earning reduced credits under this bill, the length of their sentences, and the other credits that may apply to their sentences."

VOTES

ASM PUBLIC SAFETY: 9-0-0

YES: Schultz, Alanis, Mark González, Haney, Harabedian, Lackey, Nguyen, Ramos, Sharp-Collins

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Sanchez

UPDATED

VERSION: April 10, 2025

CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0000720

Date of Hearing: April 23, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1011

Author:(Hoover) – As Amended Ver:April 10, 2025

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

SUMMARY:

This bill makes a person convicted of a specified crime against a child ineligible to earn credits typically awarded to an incarcerated firefighter.

Specifically, this bill exempts an incarcerated person serving as a firefighter from earning specified credits if the incarcerated person was convicted of either of the following offenses:

1. Child endangerment, if a sentence enhancement for great bodily injury was imposed.
2. Assault causing the death of a child under eight years old.

FISCAL EFFECT:

Incarceration costs (General Fund) to CDCR, possibly in the low hundreds of thousands of dollars annually. The actual number of incarcerated people who would be affected by this bill is unknown but is likely low given the existing restrictions on conservation camp participation. The Legislative Analyst’s Office estimates the average annual cost to incarcerate one person in state prison is $133,000, though CDCR’s per-person costs may be slightly lower in lower-security facilities like conservation camps. If two incarcerated firefighters must each spend an additional year incarcerated due to reduced credit earning under this bill, the cost to CDCR may be approximately $200,000. Actual costs will depend on the number of incarcerated firefighters earning reduced credits under this bill, the length of their sentences, and the other credits that may apply to their sentences.

COMMENTS:

1. Purpose. This bill was prompted by a tragic case in Sacramento County in which one-year-old Ryla died as a result of injuries inflicted by a daycare worker. According to materials provided by the author and the bill’s supporters, the daycare worker was convicted of felony child abuse, received a great bodily injury enhancement, and was sentenced to 10 years of incarceration. The daycare worker was ultimately assigned to a conservation camp and was released from custody after several years, due in part to credits she accrued while working as an incarcerated firefighter. The author of this bill seeks to limit credit-earning for incarcerated firefighters in similar circumstances.
2. Background. Under existing law, most incarcerated people serving as firefighters are eligible for credits that reduce the amount of time they are required to spend in custody. For example, an incarcerated person assigned to a conservation camp typically earns 2-for-1 credits, meaning the person receives credits worth two days off their sentence for every one day of the assignment. This bill makes an incarcerated person ineligible for 2-for-1 firefighter credits if the person was convicted of a specified offense against a child. In practice, this means such a person will earn credits at a lower rate and spend longer in custody.

As discussed in more detail in the analysis of this bill by the Assembly Committee on Public Safety, there are several factors that may limit implementation of this measure. First, a person convicted of assault causing the death of a child under eight years old is not eligible for assignment as an incarcerated firefighter under existing law. Second, the scope of CDCR’s exclusive authority to award certain credits is currently being litigated. In 2016, voters passed Proposition 57, which, in pertinent part, amended the California Constitution to give CDCR authority to award credits for good behavior and approved rehabilitative and education achievements. Awarding credits to a person working as an incarcerated firefighter may fall within CDCR’s constitutional authority under Proposition 57. Absent a constitutional amendment or guidance from the courts, it is not clear whether the Legislature has the authority to change CDCR’s distribution of the credits affected by this bill.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing:

Chief Counsel: Andrew Ironside

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 1011

Author:(Hoover) – As Introduced Ver:February 20, 2025

As Proposed to be Amended in Committee

SUMMARY:

Makes any person convicted of child endangerment, if the four-year sentence enhancement for great bodily injury is imposed, and assault causing death of a child under 8-years-old ineligible to earn credits for their service as an inmate firefighter.

EXISTING LAW:

1. Provides that any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony punishable by imprisonment in the state prison for two, four, or six years. (Pen. Code, § 273a, subd. (a).)
   
2. Provides that any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor. (Pen. Code, § 273a, subd. (b).)
   
3. Provides that any person convicted of the above-described offense, who under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or injury that results in death, or having the care or custody of any child, under circumstances likely to produce great bodily harm or death, willfully causes or permits that child to be injured or harmed, and that injury or harm results in death, shall receive a four-year enhancement for each violation, in addition to the sentence provided for that conviction. (Pen. Code, § 12022.95.)
   
4. Provides that any person, having the care or custody of a child who is under eight, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, is guilty of a felony, punishable by imprisonment in the state prison for 25 years to life. (Pen. Code, § 273ab, subd. (a).)
   
5. Provides that any person, having the care or custody of a child who is under eight, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature, is guilty of a felony, punishable by imprisonment in the state prison for life with the possibility of parole. (Pen. Code, § 273ab, subd. (b).)
   
6. Provides that for every six months of continuous incarceration, except as specified, a person incarcerated in state prison may earn a six-month work-time credit reduction from their term of confinement (one-for-one post-sentence credit). (Pen. Code, § 2933, subd. (b).)
   
7. Provides that a person who is assigned to a CDCR conservation camp and is eligible to receive one day of work-time credit for every one day of incarceration (one-for-one credits) shall instead receive two-for-one credits. The service performed must be after January 1, 2003. (Pen. Code, § 2933.3, subd. (a).)
   
8. Provides that a prisoner who has completed training for assignment to a conservation camp or to a correctional institution as an inmate firefighter or who is assigned to a correctional institution as an inmate firefighter and is eligible to earn one-for-one credits shall receive two-for-one credits. Application is limited to prisoners who are eligible after July 1, 2009. (Pen. Code, § 2933.3, subd. (b).)
   
9. Allows an incarcerated person who has successfully completed training for a firefighter assignment to also receive a credit reduction from their confinement pursuant to regulations adopted by the secretary. Application is limited to prisoners who are eligible after July 1, 2009. (Pen. Code, § 2933.3, subd. (c).)
   
10. Provides that for time spent in the county jail, a term of four days will be deemed to have been served for every two days spent in actual custody. (Pen. Code, § 4019.)
    
11. Provides that a county jail inmate assigned to a conservation camp by a sheriff and who is eligible to earn day-for-day credits shall instead earn two-for-one credits. (Pen. Code, § 4019.2, subd. (a).)
12. Provides that a county jail inmate who has completed training for assignment to a conservation camp or to a state or county facility as an inmate firefighter or who is assigned to a county or state correctional institution as an inmate firefighter and who is eligible to earn day-for-day credits shall instead earn two-for-one credits. Application is limited to eligible inmates after October 1, 2011. (Pen. Code, § 4019.2, subd. (b).)
13. Allows county jail inmates who have successfully completed training for firefighter assignments to also receive a credit reduction from their term of confinement. Application is limited to eligible inmates after October 1, 2011. (Pen. Code, § 4019.2, subd. (d).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Child abuse is always heartbreaking but when it results in death it is the worst kind of tragedy. Unfortunately, child abuse happens far too frequently in our country and usually at the hands of a parent or caretaker. Under California law, child abuse is considered a ‘non-serious, non-violent’ offense. That means when an individual is found guilty of this crime, the offender qualifies for early release programs. That is also true even when the abuse results in a child’s death. This bill would prohibit a person whose abuse causes a child’s death from being eligible to serve in a conservation/fire camp, which is the state’s most generous early release program. Killing a child is a horrific crime and should be treated as such.”
2. Prison Overcrowding: In January 2010, a three-judge panel issued a ruling ordering the State of California to reduce its prison population to 137.5% of design capacity because overcrowding was the primary reason that CDCR was unable to provide inmates with constitutionally adequate healthcare. After continued litigation, on February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015; and, 137.5% of design bed capacity by February 28, 2016.

CDCR’s most recent monthly report on the prison population notes that the state prison population is at 87,660. CDCR’s institutional design capacity is 71,656 as of March 26, 2025. Accordingly, CDCR is currently occupying 122.3 percent of design capacity.^[1]

Thus, while CDCR is currently in compliance with the three-judge panel’s order on the prison population, the state needs to maintain a “durable solution” to prison overcrowding “consistently demanded” by the court.^[2] In addition, the State’s commitment to closing prisons^[3] demands that the Legislature is judicious about measures that will result in increased prison population.

CDCR has identified that part of this “durable remedy” is “increased credit-earning opportunities for all incarcerated persons except the condemned and those serving life without parole.”^[4] This bill would limit credit earning opportunities for persons convicted of specified child abuse offenses.

1. Inmate Firefighter Credits: Most incarcerated fire crew members receive 2-for-1 credits, meaning they receive two additional days off their sentence for every one day they serve on a fire crew. Camp volunteers who work as support staff, but not on a fire crew, receive day-for day credits, meaning they receive one day off their sentence for every one day they serve as a firefighter.^[5]
   
   Volunteers must have “minimum custody” status, or the lowest-security classification based on their sustained good behavior in prison, ability to follow rules, and participation in rehabilitative programming. Volunteers must have eight years or less remaining on their sentence to be considered. Some convictions automatically make someone ineligible for conservation camp assignment, even if they have minimum-custody status. Disqualifying convictions include rape and other sex offenses, arson, and escape history. Other disqualifiers include active warrants, medical issues, and high-notoriety cases.^[6]
   
2. Conservation (Fire) Camps: According to CDCR’s website:

The primary mission of the Conservation (Fire) Camp Program is to support state, local and federal government agencies as they respond to emergencies including fires, floods, and other natural disasters Additionally, hand crews respond to rescue efforts in local parks or flood suppression.

CDCR, in cooperation with the California Department of Forestry and Fire Protection (CAL FIRE) and the Los Angeles County Fire Department (LACFD), jointly operates 35 conservation camps, commonly known as fire camps, located in 25 counties across California. All camps are minimum-security facilities and staffed with correctional staff.^[7]

The conservation camp can be a vital part of a person’s rehabilitation. “Just as in every CDCR prison, every conservation camp offers rehabilitative and educational services, including substance abuse programs, religious programs, and GED and college courses.”^[8]

The participants are volunteers and must have “minimum custody” status – i.e., the lowest classification for an incarcerated person based on behavior and compliance with the rules in prison and when participating in rehabilitative programing. Additionally, minimum custody status notwithstanding, certain convictions automatically make a person ineligible for a conservation camp assignment.^[9]

Persons are excluded from fire camp based on any of the following: a conviction requiring sex offender registration; a life sentence; a sentence for escape within the last 10 years; an arson conviction; a felony hold; validated active or inactive prison gang membership or association; a public interest case; current or prior convictions of murder, rape, or kidnap (violent felonies); or a pattern of excessive misconduct or disruption of the orderly operations of the institution.^[10]

This bill would provide that incarcerated persons in state prison, who have been convicted of specified child endangerment and abuse offenses resulting in the child’s death, may not earn enhanced credits for their service as an inmate firefighter or after completing inmate firefighting training. Anyone convicted of assault of a child under eight years of age resulting in death is currently excluded from participation in Conservation (Fire) Camp by virtue of the life sentence. (See Pen. Code, § 273ab.) If the death of the child results in a murder conviction, the incarcerated person is also excluded.

1. Constitutional Authority to Award Credits Given to CDCR in Proposition 57: Proposition 57 was passed by the electorate (Ballot Pamp., Gen. Elec. Nov. 8, 2016) and implemented as Article I, section 32 of the California Constitution. Section 32, subdivision (a)(2) of Article I states: “Credit Earning: The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.” Thus Proposition 57 gave CDCR the authority to create its own credit rules.^[11]
   

Under current CDCR regulations, full-time conservation workers and people training for these jobs may earn credits at a rate of 66.6% (two-for-one credits). However, if the person has a violent felony conviction, they may only earn credits at a rate of 50% (one-for-one credits).^[12]

This bill would arguably not affect CDCR’s authority to nonetheless grant enhanced credits for an inmate’s post-sentence participation in these programs or training, pursuant to Proposition 57. “By its plain terms, article I, section 32, subdivision (a)(2) authorizes the Department to award—or to not award—conduct credits as it sees fit.” (In re Canady (2020) 57 Cal.App.5th 1022, 1034, citing Brown v. Superior Court (2016) 63 Cal.4th 335, 359, 361 (dis. opn. of Chin, J.) “The broad and permissive language of article I, section 32, subdivision (a)(2) suggests that the voters intended for the Department to have substantial discretion in determining how credits are applied to early parole consideration….” (In re Canady, supra, 57 Cal. App.5th at p. 1034.)

1. Sheriff Fire Camp Programs: Under Penal Code section 4019.2, persons incarcerated in a county jail may similarly earn credits for participation in a sheriff’s conservation camp or successful completion of training for assignment to a conservation camp or as an inmate firefighter. An inmate eligible to earn one day of credit for every day of incarceration (one-for-one credits) would instead be able to earn two days of credit for every one day served (two-for-one credits).
   
   The use of such programs, as well as standards and training, can vary by county. For example, the San Diego County Sheriff’s Department, in recognizing the usefulness of reentry services, offers a fire camp program collaboratively administered by Cal Fire and CDCR. To be eligible, the incarcerated person must be sentenced under realignment (Pen. Code, § 1170, subdivision (h)).^[13] Realignment, as passed by California voters in 2011, diverts defendants convicted of less serious felonies to serve their time in local county jail rather than in state prison. Persons are excluded from realignment if they have suffered a serious or violent felony conviction, aggravated theft conviction, or are required to register as a sex offender. (Pen. Code, § 1170, subd. (h)(3).)
   
   This bill would prohibit persons convicted of specified child endangerment and abuse offenses resulting in death of the child from earning enhanced credits for their service as an inmate firefighter or after completing inmate firefighting training. Anyone convicted of assault of a child under eight years of age resulting in death is currently excluded from realignment by virtue of the state prison sentence attendant to the offense, and thus wouldn’t be eligible to participate in, for example, the San Diego Sheriff’s fire camp program. (See Pen. Code, § 273ab.)
   
2. Argument in Support: According to the California Association of School Police Chiefs, “In February of 2019, a young child named Ryla was given to her mom by a daycare worker – lifeless and near death. She was rushed to the hospital in an ambulance, having a stroke and a seizure on the way to the emergency room where she later died. Upon examining her body, the doctor determined that Ryla had suffered damage of the brain and her lung was blue and swollen. Ryla did not die of a seizure, she had suffered from abuse, which had resulted in her death. She was not yet 2 years old.
   
   “The daycare center worker, who was found guilty for Ryla’s death, was sentenced under PC 273a with the enhancement PC 12022.95. She was given the maximum sentence under California law, which is 10 years. Because child abuse is a non-violent crime, the daycare worker qualified to serve in a conservation camp, the most generous early release credit program that our state offers and was released after being incarcerated for only 2 years and 8 months for the crime of killing a child.
   
   “AB 1011 would prohibit persons convicted of child abuse under Penal Code Section 273a with a PC 12022.95 enhancement and PC Section 273ab, from serving as an inmate firefighter and earning the generous early release credits provided by that program… This bill is only singling out the most egregious child abuses offenders, who have been convicted of causing death to a child, to not qualify to serve in a conservation camp, which allows an inmate to earn 2 days of credit for every 1 day served as an inmate firefighter.”
   
3. Argument in Opposition: According to the Ella Baker Center for Human Rights, “The commission of such harm against a child already carries steep penalties. Existing law makes it a crime for a person who has the care or custody of a child to willfully cause or permit the person or health of that child to be injured or willfully cause or permit that child to be placed in a situation where the child’s health may be endangered. Existing law imposes a 4-year enhancement on a person who violates that provision and who willfully causes or permits a child to suffer, inflicts unjustifiable physical pain or injury that results in death, or, having the care or custody of a child, willfully causes or permits that child to be injured or harmed and that injury or harm results in death. Existing law also requires a person who, having the care or custody of a child who is under 8 years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, to be punished by imprisonment in the state prison for 25 years to life.
   
   “AB 1011 will not prevent child neglect or support families - it is yet another ill-advised attempt at degrading the opportunity for rehabilitation and good conduct credits, which are strongly supported by California voters. Under existing law, people in prison can earn 2 days of credit for every one day served as an incarcerated firefighter or upon completion of firefighter training. This bill would deny these credits altogether if someone has a child abuse related conviction as outlined by AB 1011. Furthermore, AB 1011 is utterly misguided in the wake of the incredible heroism and bravery of incarcerated firefighters in response to the Los Angeles fires of January 2025. It is nonsensical and arbitrary to deny firefighter credits based on a certain conviction, especially when there is no legitimate connection between the conviction and participation in a fire program. Good conduct credits are not a “get out of jail free” card - instead, they are one of the most important investments into rehabilitation and education programming California has ever enacted. We should be incentivizing as many incarcerated people towards such programming as possible to help them turn their lives around, not curtailing access.
   
   “Furthermore, significant research has found that lengthy prison terms do not deter future crime. Sentencing enhancements will not address violence in any demonstrable way. Enhancements are, however, one of the drivers of mass incarceration, a systematic means of economically and politically disenfranchising Black, Latinx and Indigenous families and communities. We urge the Committee to reject failed carceral approaches, and to invest in proven community-based solutions.”
   
4. Related Legislation:
   
   1. AB 38 (Lackey), would designate specified crimes involving rape or sexual assault of a minor who has a developmental disability as “violent felonies.” AB 38 is pending a hearing in this committee.
      
   2. AB 292 (Patterson), would add the crime of felony domestic violence to the list of “Violent Felonies” that subject a defendant to additional penalties, including under California “Three Strikes” Law, and reduce the custody credits that a defendant may receive. AB 292 is pending hearing in this committee.
      
   3. AB 568 (Lackey) ,would add selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give fentanyl to a minor on the list of serious felonies subject to enhanced penalties. AB 568 is pending a hearing in the Assembly Appropriations Committee.
      
   4. AB 1279 (Sharp-Collins), would prohibit a prior juvenile adjudication or a prior conviction for an offense that occurred before the person was 18 years old from being considered a prior serious or violent felony conviction for purposes of sentence enhancement. AB 1279 is pending hearing in this committee.
      
   5. SB 432 (Seyarto) is identical to AB 568 above. SB 432 is pending hearing in the Senate Appropriations Committee.
      
5. Prior Legislation:
   
   1. AB 3032 (Hoover), of the 2023-2024 Legislative Session, was nearly identical to this bill. AB 3032 did not receive a hearing in this committee.
      
   2. AB 1746 (Hoover) of the 2023-2024 Legislative Session, was substantially similar to this bill. AB 1746 failed passage in this committee.
      
   3. AB 945 (Reyes), of the 2023-2024 Legislative Session, would have required courts to report specified data to the Judicial Council regarding petitions for expungement relief filed on the basis of having successfully participated as an incarcerated fire camp member or at an institutional firehouse. AB 945 was vetoed by the Governor.
      
   4. AB 3000 (Budget Committee), Chapter 1124, Statutes of 2002, as relevant here, provides that any inmate assigned to a conservation camp shall earn two days of work-time credit for every day of service.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Arcadia Police Officers' Association
Brea Police Association
Burbank Police Officers' Association
California Association of School Police Chiefs
California Coalition of School Safety Professionals
California Narcotic Officers' Association
California Police Chiefs Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Child Abuse Prevention Center and Its Affiliates Safe Kids California, Prevent Child Abuse California and The California Family Resource Association; the
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Fullerton Police Officers' Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
Santa Ana Police Officers Association

Oppose

Ella Baker Center for Human Rights
Initiate Justice
Initiate Justice Action
Justice2jobs Coalition
LA Defensa
Local 148 LA County Public Defenders Union
San Francisco Public Defender

Analysis Prepared by:

Andrew Ironside / PUB. S. / (916) 319-3744

1. https://www.cdcr.ca.gov/research/population-reports-2/ ↑

2. Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14).) ↑

3. 11) LAO, The 2024-25 Budget, California Department of Corrections and Rehabilitation. Available at: <https://lao.ca.gov/Publications/Report/4852#Prison_Capacity_Reduction>. see also, Penal Code section 17.5 [criminal justice policies that rely on building and operating more prisons to address community safety concerns are not sustainable, and will not result in improved public safety]. ↑

4. https://www.cdcr.ca.gov/3-judge-court-update/#cc7a5a69-6fa6-4036-8a4f-27e459004d88-link ↑

5. CDCR, Fire Camp Program. Available at: <https://www.cdcr.ca.gov/facility-locator/conservation-camps/faq-conservation-fire-camp-program/>. ↑

6. Ibid. ↑

7. https://www.cdcr.ca.gov/facility-locator/conservation-camps/ ↑

8. https://www.cdcr.ca.gov/facility-locator/conservation-camps/faq-conservation-fire-camp-program/ ↑

9. Ibid. ↑

10. https://www.cdcr.ca.gov/facility-locator/conservation-camps/fire_camp_expungement/ ↑

11. See https://www.capolicylab.org/wp-content/uploads/2022/08/Three-Strikes-in-California.pdf at p. 8. ↑

12. https://www.cdcr.ca.gov/proposition57/ ↑

13. https://www.sdsheriff.gov/bureaus/detention-services-bureau/county-parole-and-alternative-custody ↑