CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2341

Introduced by Assembly Member Vince Fong

February 12, 2024

An act to add Sections 2937 and 4019.7 to the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


AB 2341, as introduced, Vince Fong. Criminal procedure: sentencing credits.
The California Constitution exclusively authorizes the Department of Corrections and Rehabilitation to grant prison inmates credits against their term of imprisonment for good behavior and completion of rehabilitative programs.
Existing law authorizes a county sheriff or county director of corrections to grant county jail inmates credits against their term of imprisonment for good behavior and completion of work programs, as specified.
Existing law classifies fentanyl as a schedule II controlled substance and prohibits the possession, transportation, and sale of fentanyl, as specified.
This bill, subject to the passage and approval by the voters of a constitutional amendment, would prohibit the granting of credits to any inmate serving a sentence for a fentanyl-related offense, as specified.
By potentially increasing the period of incarceration for certain county jail inmates, this bill would impose 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2937 is added to the Penal Code, to read:

2937.
 (a) Notwithstanding any other law, an inmate serving a sentence for an offense related to fentanyl is not eligible to receive credits.
(b) For purposes of this section, an offense related to fentanyl means any felony offense involving the manufacture, possession, offer, sale, transfer, transportation, furnishment, or administration of fentanyl or any substance containing fentanyl, including, without limitation, any violation of Section 11350, 11351, 11352, or 11353 of the Health and Safety Code in which the controlled substance has been identified to be or to contain fentanyl or any analog of fentanyl.

SEC. 2.

 Section 4019.7 is added to the Penal Code, to read:

4019.7.
 (a) Notwithstanding any other law, an inmate serving a sentence in a county jail for an offense related to fentanyl is not eligible to receive credits.
(b) For purposes of this section, an offense related to fentanyl means any felony offense involving the manufacture, possession, offer, sale, transfer, transportation, furnishment, or administration of fentanyl or any substance containing fentanyl, including, without limitation, any violation of Section 11350, 11351, 11352, or 11353 of the Health and Safety Code in which the controlled substance has been identified to be or to contain fentanyl or any analog of fentanyl.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 4.

 This act shall only become effective upon the passage and subsequent approval by the voters of ACA ____, a measure amending Section 32 of Article I of the California Constitution.