BILL NUMBER: SB 76 CHAPTERED
BILL TEXT
CHAPTER 426
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2010
APPROVED BY GOVERNOR SEPTEMBER 28, 2010
PASSED THE SENATE AUGUST 25, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY JUNE 24, 2009
INTRODUCED BY Committee on Public Safety
(Principal coauthors: Assembly Members Huber and Torrico)
JANUARY 20, 2009
An act to amend Sections 2933 and 4019 of the Penal Code, relating
to inmates, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 76, Committee on Public Safety. Committee on Public Safety:
Inmates: incentive credits.
Existing law provides time credit for work performance and good
behavior to prisoners confined to a county jail, industrial farm, or
road camp, or any city jail, industrial farm, or road camp.
Specifically, except regarding certain prisoners who are limited to
15% credit against sentenced time, existing law provides that a term
of 4 days will be deemed to have been served for every 2 days spent
in actual custody in one of these facilities, except that a term of 6
days will be deemed to have been served for every 4 days in actual
custody for prisoners required to register as sex offenders,
prisoners committed for a serious felony, or prisoners with a prior
conviction for a serious or violent felony.
This bill would instead provide that prisoners sentenced to state
prison for whom the sentence is executed, except for those required
to register as sex offenders, committed for a serious felony, or with
a previous conviction for a serious or violent felony, who are
confined in a city or county jail, industrial farm, or road camp,
from the date of arrest until state prison credits are applicable,
shall have one day deducted from his or her period of confinement for
every day the prisoner served in a city or county jail, industrial
farm, or road camp. The bill would provide that a prisoner sentenced
to state prison who is confined in a city or county jail, industrial
farm, or road camp may not receive the day-for-day credit if it
appears by the record that the prisoner refused to satisfactorily
perform labor or failed to satisfactorily comply with rules and
regulations, as specified. The bill would provide that, for prisoners
otherwise in a county jail, industrial farm, or road camp, or any
city jail, industrial farm, or road camp for a crime committed on or
after the effective date of this bill, except those subject to the
15% limitation on credits noted above, a term of 6 days will be
deemed to have been served for every 4 days spent in actual custody.
Because this bill would change the punishment for crimes, it 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2933 of the Penal Code is amended to read:
2933. (a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison under Section
1170 serve the entire sentence imposed by the court, except for a
reduction in the time served in the custody of the Secretary of the
Department of Corrections and Rehabilitation pursuant to this section
and Section 2933.05.
(b) For every six months of continuous incarceration, a prisoner
shall be awarded credit reductions from his or her term of
confinement of six months. A lesser amount of credit based on this
ratio shall be awarded for any lesser period of continuous
incarceration. Credit should be awarded pursuant to regulations
adopted by the secretary. Prisoners who are denied the opportunity to
earn credits pursuant to subdivision (a) of Section 2932 shall be
awarded no credit reduction pursuant to this section. Under no
circumstances shall any prisoner receive more than six months' credit
reduction for any six-month period under this section.
(c) Credit is a privilege, not a right. Credit must be earned and
may be forfeited pursuant to the provisions of Section 2932. Except
as provided in subdivision (a) of Section 2932, every eligible
prisoner shall have a reasonable opportunity to participate.
(d) Under regulations adopted by the Department of Corrections and
Rehabilitation, which shall require a period of not more than one
year free of disciplinary infractions, credit which has been
previously forfeited may be restored by the secretary. The
regulations shall provide for separate classifications of serious
disciplinary infractions as they relate to restoration of credits,
the time period required before forfeited credits or a portion
thereof may be restored, and the percentage of forfeited credits that
may be restored for these time periods. For credits forfeited as
specified in paragraph (1) of subdivision (a) of Section 2932, the
Department of Corrections and Rehabilitation may provide that up to
180 days of lost credit shall not be restored and up to 90 days of
credit shall not be restored for a forfeiture resulting from
conspiracy or attempts to commit one of those acts. No credits may be
restored if they were forfeited for a serious disciplinary
infraction in which the victim died or was permanently disabled. Upon
application of the prisoner and following completion of the required
time period free of disciplinary offenses, forfeited credits
eligible for restoration under the regulations for disciplinary
offenses other than serious disciplinary infractions punishable by a
credit loss of more than 90 days shall be restored unless, at a
hearing, it is found that the prisoner refused to accept or failed to
perform in a credit qualifying assignment, or extraordinary
circumstances are present that require that credits not be restored.
"Extraordinary circumstances" shall be defined in the regulations
adopted by the secretary. However, in any case in which credit was
forfeited for a serious disciplinary infraction punishable by a
credit loss of more than 90 days, restoration of credit shall be at
the discretion of the secretary.
The prisoner may appeal the finding through the Department of
Corrections and Rehabilitation's review procedure, which shall
include a review by an individual independent of the institution who
has supervisorial authority over the institution.
(e) (1) Notwithstanding Section 4019 and subject to the
limitations of this subdivision, a prisoner sentenced to the state
prison under Section 1170 for whom the sentence is executed shall
have one day deducted from his or her period of confinement for every
day he or she served in a county jail, city jail, industrial farm,
or road camp from the date of arrest until state prison credits
pursuant to this article are applicable to the prisoner.
(2) A prisoner may not receive the credit specified in paragraph
(1) if it appears by the record that the prisoner has refused to
satisfactorily perform labor as assigned by, or has not
satisfactorily complied with the reasonable rules and regulations
established by, the sheriff, chief of police, or superintendent of an
industrial farm or road camp.
(3) Section 4019, and not this subdivision, shall apply if the
prisoner is required to register as a sex offender, pursuant to
Chapter 5.5 (commencing with Section 290), was committed for a
serious felony, as defined in Section 1192.7, or has a prior
conviction for a serious felony, as defined in Section 1192.7, or a
violent felony, as defined in Section 667.5.
(f) The provisions of subdivision (d) shall also apply in cases of
credit forfeited under Section 2931 for offenses and serious
disciplinary infractions occurring on or after January 1, 1983.
SEC. 2. Section 4019 of the Penal Code is amended to read:
4019. (a) The provisions of this section shall apply in all of
the following cases:
(1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
(2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.
(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
(b) Subject to the provisions of subdivision (d), for each six-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her period of confinement unless it appears by the record that the
prisoner has refused to satisfactorily perform labor as assigned by
the sheriff, chief of police, or superintendent of an industrial farm
or road camp.
(c) For each six-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
(d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
(e) No deduction may be made under this section unless the person
is committed for a period of six days or longer.
(f) It is the intent of the Legislature that if all days are
earned under this section, a term of six days will be deemed to have
been served for every four days spent in actual custody.
(g) The changes in this section as enacted by the act that added
this subdivision shall apply to prisoners who are confined to a
county jail, city jail, industrial farm, or road camp for a crime
committed on or after the effective date of that act.
SEC. 3. The Legislature intends that nothing in this act shall
affect Section 59 of Chapter 28 of the Third Extraordinary Session of
the Statutes of 2009, and that this act be construed in a manner
consistent with that section.
SEC. 4. 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. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide for local custody credits in a manner
consistent with historic practices and policies of local law
enforcement officials as soon as possible, it is necessary that this
act take effect immediately.