Senate Bill 18 Makes Major Changes
to the Penal Code
The complete text can be found at -
http://leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx3_18_bill_20091011_chaptered.pdf
A few of the major changes to take place beginning January 1, 2010, are the following:
PAROLEES
Certain Classes of Parolees cannot have their parole revoked for any reason
Senate Bill 18 will add a new section of the Penal Code
to read:
SEC. 48. Section 3000.03 is added
to the Penal Code, to read:3000.03. Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation
shall not return to prison, place a parole hold on pursuant to Section 3056, or report any parole violation to the Board of
Parole Hearings regarding any person to whom all of the following criteria apply:
(a) The person is not required to register as a sex offender pursuant to Chapter 5.5 (commencing
with Section 290) of Title 9 of Part 1.
(b) The person
was not committed to prison for a serious felony as defined in Sections 1192.7 and 1192.8, or a violent felony, as defined
in Section 667.5, and does not have a prior conviction for a serious felony, as defined in Section 1192.7 and 1192.8, or a
violent felony, as defined in Section 667.5.
(c)
The person was not committed to prison for a sexually violent offense as defined in subdivision (b) of Section 6600 of the
Welfare and Institutions Code and does not have a prior conviction for a sexually violent offense as defined in subdivision
(b) of Section 6600 of the Welfare and Institutions Code.
(d) The person was not found guilty of a serious disciplinary offense, as defined in regulation by the department,
during his or her current term of imprisonment.
(e)
The person is not a validated prison gang member or associate, as defined in regulation by the department.
(f) The person did not refuse to sign any written notification of parole requirements
or conditions, including, but not limited to, the written notification of requirements pursuant to Section 3067.
(g) The person was evaluated by the department using a
validated risk assessment tool and was not determined to pose a high risk to reoffend.
HALFTIME
IN COUNTY JAIL
Senate Bill 18 will modify Penal
Code section 4019 will be amended to award day for day - or "half time" credits for most inmates in County Jail:
SEC. 50. Section 4019 of the Penal Code is amended to read:
(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) (1) Except as provided in Section 2933.1
and paragraph (2), subject to the provisions of subdivision (d), for each four-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.
(2) 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, subject to the provisions of subdivision (d), for each six-day period in which the 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) (1) Except as provided in Section 2933.1 and paragraph
(2),for each four-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.
(2) 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, for each six-day period
in which the 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 is 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 four days or longer, or six days or longer for
persons described in paragraph (2) of subdivision (b) or (c).
(f) It is the intent of the Legislature
that if all days are earned under this section, a term of four days will be deemed to have been served for every two days
spent in actual custody, except that a term of six days will be deemed to have been served for every four days spent in actual
custody for persons described in paragraph (2)of subdivision (b) or (c).
TWO THIRD OFF
PRISON SENTENCE FOR FIRE CAMP
State Prison Inmates who attend Fire Camp can have their sentences
reduced by two thirds.
SB 18 will modify the Penal Code to read:
SEC. 41. Section 2933.3
of the Penal Code is amended to read:2933.3. (a) Notwithstanding any other law, any inmate assigned to a conservation camp
by the Department of Corrections and Rehabilitation,who is eligible to earn one day of credit for every one day of incarceration
pursuant to Section 2933 shall instead earn two days of credit for every one day of service. The enhanced credit authorized
pursuant to this subdivision shall only apply to those prisoners eligible after January 1, 2003.
(b) Notwithstanding
any other law, any inmate 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 who is eligible to
earn one day of credit for every one day of incarceration pursuant to Section 2933 shall instead earn two days of credit for
every one day served in that assignment or after completing that training.
(c) In addition to credits
granted pursuant to subdivision (a) or (b), inmates who have successfully completed training for firefighter assignments shall
receive a credit reduction from his or her term of confinement pursuant to regulations adopted by the secretary.
(d) The credits authorized in subdivisions (b) and (c) shall only apply to inmates who are eligible after July 1,
2009.
