AB 8

Bill Subjects

Abstract

Existing law establishes certain values for determining if theft or certain other property crimes are punishable as felonies or not. Existing law provides that for many of these crimes, the threshold is $400, while the thresholds for certain other crimes are $100, $200, and $1,000, as specified. This bill would increase those thresholds uniformly; for example by increasing the $400 threshold to $950. Because this bill would change the definitions of various crimes, it would impose a state-mandated local program. Existing law provides for a 6-month reduction in a prisoner's term of confinement for every 6 months of full-time performance by the prisoner in a qualified work, training, or education program, as specified. Existing law provides that for every 6 days served in a specified local detention center following an arrest and prior to the imposition of a prison sentence for a felony conviction, 2 days shall be deducted from his or her period of confinement, as specified. This bill would instead provide that certain prisoners shall earn one day of credit for every one day served either in the state prison or in a local facility prior to delivery to the state prison. This bill would provide for up to 4 months of additional credit for the successful completion of certain programs offered by the department, as specified. This bill would also expand an existing program for extra time credits for inmates assigned to conservation camps to apply to inmates on the wait list for conservation camps. Existing law provides that the maximum period of parole for persons who have served at least one year and one day of imprisonment in the state prison is 3 years, unless the person was convicted of certain crimes, or unless the parole authority, for "good cause," waives parole. Existing law also requires a person who has not been convicted of a violent felony to be discharged from parole after one year of continuous parole supervision, and a person who has been convicted of a violent felony who has a parole term of 3 years to be discharged after 2 years of continuous supervision or who has a parole term of 5 years to be discharged after 3 years of continuous supervision, unless the parole authority determines that the person should be retained on parole, as specified. This bill would instead provide that a person who is not required to register as a sex offender, and who was not sentenced for any offense that is a serious felony or a violent felony, as defined, shall be subject to six months of parole, except as specified. The bill would further provide that a person who is on parole as of the effective date of this bill who is not pending revocation shall be discharged from parole immediately if he or she has already served the time and met the terms specified above, or upon meeting those terms. Existing law provides for various sanctions to be imposed on persons who violate parole, including reincarceration. This bill would state the intent of the Legislature that parole violators who present a lower risk to public safety, as defined, shall have community sanctions imposed, as specified. The bill would require the Department of Corrections and Rehabilitation to implement a "parole violation decisionmaking instrument" to provide guidelines for use by parole agents and the Board of Parole Hearings to determine the most appropriate sanctions for parole violators, as specified. The bill would require the department to adopt regulations to implement these provisions. The bill would provide that its provisions do not limit the authority of counties to prosecute parolees who commit new crimes. 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 make its provisions contingent on the enactment of other legislation, as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.