Crimes: child abuse and neglect: sentence credits., the official text

An act to amend Sections 2933.3 and 4019.2 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

Existing law makes it a crime for a person who has the care or custody of a child to willfully cause or permit the person or health of that child to be injured or willfully cause or permit that child to be placed in a situation where the child’s health may be endangered, as specified. Existing law imposes a 4-year enhancement on a person who violates that provision and who willfully causes or permits a child to suffer, inflicts thereon unjustifiable physical pain or injury that results in death, or, having the care or custody of a child, willfully causes or permits that child to be injured or harmed, as specified, and that injury or harm results in death.
Existing law requires a person who, having the care or custody of a child who is under 8 years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, to be punished by imprisonment in the state prison for 25 years to life.
Under existing law, a prisoner can reduce their term of imprisonment by earning credit for, among other things, continuous incarceration, good behavior, and participation in approved rehabilitative programming. The California Constitution grants to the Department of Corrections and Rehabilitation the sole authority to award credits for good behavior and approved rehabilitative or educational achievements. Existing law prohibits a prisoner convicted of specified felony offenses from earning credit if the prisoner previously has been convicted of one of those felony offenses 2 or more times and has served 2 or more separate prior prison terms.
Existing law makes an inmate of a state prison, or of a county jail, who has completed training for assignment to a correctional institution as an inmate firefighter, or who is assigned to a correctional institution as an inmate firefighter, eligible to earn 2 days of credit for every one day served in that assignment or after completing that training.
This bill, Ryla’s Law, would make a person convicted of specific child abuse crimes ineligible to earn 2 days of credit for every one day served as an inmate firefighter or after completing inmate firefighting training. By reducing the amount of credits an inmate sentenced to county jail can earn, this bill would create 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.

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

SECTION 1.
This act shall be known, and may be cited, as Ryla’s Law.

SEC. 2.
Section 2933.3 of the Penal Code is amended to read:
2933.3.
(a) Notwithstanding any other law, an 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, an 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 their 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.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a person convicted of a violation of Section 273a and subject to the punishment described in Section 12022.95 or convicted of a violation of subdivision (a) of Section 273ab is not eligible for the credits authorized in this section.

SEC. 3.
Section 4019.2 of the Penal Code is amended to read:
4019.2.
(a) Notwithstanding any other law, an inmate sentenced to county jail assigned to a conservation camp by a sheriff and who is eligible to earn one day of credit for every one day of incarceration pursuant to Section 4019 shall instead earn two days of credit for every one day of service.
(b) Notwithstanding any other law, an inmate who has completed training for assignment to a conservation camp or to a state or county facility as an inmate firefighter or who is assigned to a county or state 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 4019 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 their term of confinement.
(d) The credits authorized in subdivisions (b) and (c) shall only apply to inmates who are eligible after October 1, 2011.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a person convicted of a violation of Section 273a and subject to the punishment described in Section 12022.95 or convicted of a violation of subdivision (a) of Section 273ab is not eligible for the credits authorized in this 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.