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Key Votes

SBx3 18 - Correctional Law Amendments - Key Vote

California Key Votes

Brian Nestande voted Nay (Passage With Amendment) on this Legislation.

Read statements Brian Nestande made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Signed (Executive) -

Title: Correctional Law Amendments

Legislation - Concurrence Vote Passed (Senate) (21-16) - (Key vote)

Title: Correctional Law Amendments

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that amends various statutes related to correctional law for the purpose of implementing the 2009-2010 budget, including, but not limited to, the following highlights.

Highlights:
-Increases the value threshold for various property crimes to be prosecuted as a felony as follows (Secs. 1-35 & 52-57):
    -For various property crimes with a value threshold of $100, the threshold is increased to $250; -For various property crimes with a value threshold of $400, the threshold is increased to $950; and -For various property crimes with a value threshold of $1,000, the threshold is increased to $2,350.
-Entitles prison inmates to 1 day of earned time credit for every 1 day served in a county jail, city jail, industrial farm, or road camp prior to being sent to the state prison (Sec. 38). -Entitles prison inmates to 2 days of earned time credit for every 1 day served if they are assigned to a conservation camp or correctional institution and have complete training as an inmate firefighter (Sec. 41). -Requires the Secretary of the Department of Corrections and Rehabilitation to establish within 90 days of enactment the rules and regulations for inmates to receive between 1 and 6 weeks of earned time credit for each performance milestone that they complete in an approved rehabilitative program, provided that an inmate does not receive more than 6 weeks worth of earned time credits during any 12 month period (Sec. 39). -Prohibits inmates from receiving earned time credits for performance milestones in a rehabilitative program if one of the following applies (Sec. 40):
    -The inmate was convicted of any crime classified as a violent offense (§ 667.5, Penal Code); -The inmate has one or more prior felony convictions; -The inmate is required to register as a sex offender; or -The inmate is serving a sentence for a violation of parole without a new term.
-Prohibits the Department of Corrections and Rehabilitation from returning an individual to prison for any parole violation if the individual was evaluated by the Department using a validated risk assessment tool and was determined not to pose a high risk to reoffend, unless one of the following applies (Sec. 48):
    -The individual is required to register as a sex offender; -The individual was imprisoned for or has a prior conviction for a serious violent felony (§ 1192.7 & § 1192.8, Penal Code); -The individual was imprisoned for or has a prior conviction for a violent felony (§ 667.5, Penal Code); -The individual was imprisoned for or has a prior conviction for a sexually violent offense (§ 6600, Welfare and Institutions Code); -The individual was convicted of a serious disciplinary offense during his or her time of imprisonment; -The individual is a validated prison gang member or associate; or -The individual refused to sign any written notification of parole requirements or conditions.
-Requires the Secretary of the Department of Corrections and Rehabilitation to establish a parole reentry accountability program to employ a decision making instrument to determine the most appropriate sanctions for a parole violation, including, but not limited to, a reentry court program for individuals with a history of substance abuse or mental illness (Sec. 317). -Authorizes counties to establish a Community Corrections Performance Incentive Fund for the purpose of accepting state funds to implement a program to provide supervision and rehabilitative services for adult felony offenders subject to probation, including, but not limited to (Sec. 36):
    -Implementing and expanding evidence-based risk and needs assessments; -Implementing and expanding intermediate sanctions that include, but are not limited to, electronic monitoring, mandatory community service, home detention, day reporting, restorative justice programs, work furlough programs, and incarceration in county jail for up to 90 days; -Providing more intensive probation supervision; -Expanding the availability of evidence-based rehabilitation programs, including, but not limited to, drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs, and job training and employment services; and -Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity.
-Requires county community corrections programs, funded by the Community Corrections Performance Incentive Fund, be administered by the county probation department and advised by a local Community Corrections Partnership, composed of the following members (Sec. 36):
    -Presiding judge of the California Superior Court, or his or her designee; -County supervisor or the Chief Administrative Officer for the county; -County District Attorney; -County Public Defender; -County Sheriff. -County Chief of Police; -Head of the county Department of Social Services; -Head of the county Department of Mental Health; -Head of the county Department of Employment; -Head of the county Alcohol and Substance Abuse Programs; -Head of the county Office of Education; and -Representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense.
-Requires the Department of Finance to calculate 5 percent of the savings to the state attributed to those counties that successfully reduced the number of adult felony probationers sent to prison, and requires those funds be used to provide high performance grants to county probation departments with adult probation failure rates more than 50 percent below the statewide average for the purpose of bolstering evidence-based probation practiced designed to reduce recidivism among felony probationers (Sec. 36).
Legislation - Bill Passed With Amendment (House) (41-37) - (Key vote)

Title: Correctional Law Amendments

Vote Smart's Synopsis:

Vote to pass a bill that amends various statutes related to correctional law for the purpose of implementing the 2009-2010 budget, including, but not limited to, the following highlights.

Highlights:
-Increases the value threshold for various property crimes to be prosecuted as a felony as follows (Secs. 1-35 & 52-57):
    -For various property crimes with a value threshold of $100, the threshold is increased to $250; -For various property crimes with a value threshold of $400, the threshold is increased to $950; and -For various property crimes with a value threshold of $1,000, the threshold is increased to $2,350.
-Entitles prison inmates to 1 day of earned time credit for every 1 day served in a county jail, city jail, industrial farm, or road camp prior to being sent to the state prison (Sec. 38). -Entitles prison inmates to 2 days of earned time credit for every 1 day served if they are assigned to a conservation camp or correctional institution and have complete training as an inmate firefighter (Sec. 41). -Requires the Secretary of the Department of Corrections and Rehabilitation to establish within 90 days of enactment the rules and regulations for inmates to receive between 1 and 6 weeks of earned time credit for each performance milestone that they complete in an approved rehabilitative program, provided that an inmate does not receive more than 6 weeks worth of earned time credits during any 12 month period (Sec. 39). -Prohibits inmates from receiving earned time credits for performance milestones in a rehabilitative program if one of the following applies (Sec. 40):
    -The inmate was convicted of any crime classified as a violent offense (§ 667.5, Penal Code); -The inmate has one or more prior felony convictions; -The inmate is required to register as a sex offender; or -The inmate is serving a sentence for a violation of parole without a new term.
-Prohibits the Department of Corrections and Rehabilitation from returning an individual to prison for any parole violation if the individual was evaluated by the Department using a validated risk assessment tool and was determined not to pose a high risk to reoffend, unless one of the following applies (Sec. 48):
    -The individual is required to register as a sex offender; -The individual was imprisoned for or has a prior conviction for a serious violent felony (§ 1192.7 & § 1192.8, Penal Code); -The individual was imprisoned for or has a prior conviction for a violent felony (§ 667.5, Penal Code); -The individual was imprisoned for or has a prior conviction for a sexually violent offense (§ 6600, Welfare and Institutions Code); -The individual was convicted of a serious disciplinary offense during his or her time of imprisonment; -The individual is a validated prison gang member or associate; or -The individual refused to sign any written notification of parole requirements or conditions.
-Requires the Secretary of the Department of Corrections and Rehabilitation to establish a parole reentry accountability program to employ a decision making instrument to determine the most appropriate sanctions for a parole violation, including, but not limited to, a reentry court program for individuals with a history of substance abuse or mental illness (Sec. 317). -Authorizes counties to establish a Community Corrections Performance Incentive Fund for the purpose of accepting state funds to implement a program to provide supervision and rehabilitative services for adult felony offenders subject to probation, including, but not limited to (Sec. 36):
    -Implementing and expanding evidence-based risk and needs assessments; -Implementing and expanding intermediate sanctions that include, but are not limited to, electronic monitoring, mandatory community service, home detention, day reporting, restorative justice programs, work furlough programs, and incarceration in county jail for up to 90 days; -Providing more intensive probation supervision; -Expanding the availability of evidence-based rehabilitation programs, including, but not limited to, drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs, and job training and employment services; and -Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity.
-Requires county community corrections programs, funded by the Community Corrections Performance Incentive Fund, be administered by the county probation department and advised by a local Community Corrections Partnership, composed of the following members (Sec. 36):
    -Presiding judge of the California Superior Court, or his or her designee; -County supervisor or the Chief Administrative Officer for the county; -County District Attorney; -County Public Defender; -County Sheriff. -County Chief of Police; -Head of the county Department of Social Services; -Head of the county Department of Mental Health; -Head of the county Department of Employment; -Head of the county Alcohol and Substance Abuse Programs; -Head of the county Office of Education; and -Representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense.
-Requires the Department of Finance to calculate 5 percent of the savings to the state attributed to those counties that successfully reduced the number of adult felony probationers sent to prison, and requires those funds be used to provide high performance grants to county probation departments with adult probation failure rates more than 50 percent below the statewide average for the purpose of bolstering evidence-based probation practiced designed to reduce recidivism among felony probationers (Sec. 36).
Legislation - Bill Passed (Senate) (29-1) -
Legislation - Introduced (Senate) -

Title: Correctional Law Amendments

Sponsors

  • Denise Moreno Ducheny (CA - D) (Out Of Office)
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