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Credit Earning Expansion For Rehabilitative Programming

AB 292, as introduced, Assembly Member Stone. LEGISLATIVE COUNSEL'S DIGEST: The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, grants the Department of Corrections and Rehabilitation the authority to award credits earned for good behavior and approved rehabilitative or educational achievements and requires the department to adopt regulations in furtherance of this grant of authority.

Existing law generally awards an inmate 6 months of credit reductions for every 6 months of continuous incarceration. Existing law, as added by Proposition 184 at the November 8, 1994, statewide general election, restricts the total amount of credits that an inmate convicted of a serious or violent felony, as defined, can receive to no more than 1/5 of the total term of imprisonment.

This bill would direct the department to use its constitutional authority to award specified credits to incarcerated persons who are incarcerated for a violent felony or for a nonviolent second- or third-strike felony and who do not have a specified administrative classification determined by the department at a rate of a one-day reduction in the term of confinement for every day of incarceration. The bill would require that an incarcerated person receive the credits set forth in the bill unless the incarcerated person is eligible for more credit pursuant to the Penal Code or the California Constitution. The bill would require the department to award credits and conduct rehabilitative programming in a manner that meets specified requirements, such as preventing nonadverse facility transfers from disrupting an incarcerated person’s credit-earning rehabilitative programming.

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