Shirley N. Weber
- Democratic
Author
Existing law provides legislative findings and declarations that the purpose of imprisonment for crime is punishment and that the elimination of disparity and the provision of uniformity of sentences can best be achieved by determinate sentences fixed by statute in proportion to the seriousness of the offense, as specified. Existing law further provides that, notwithstanding those provisions, the Legislature finds and declares that programs should be available for inmates, including, but not limited to, educational programs, that are designed to prepare nonviolent felony offenders for successful reentry into the community. Existing law encourages the Department of Corrections and Rehabilitation to give priority enrollment in programs to promote successful return to the community to inmates with short remaining terms of commitment, as specified. This bill would instead make legislative findings and declarations that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice. The bill would amend the above legislative findings and declarations to remove the provision relating to determinate sentences and to state that educational, rehabilitative, and restorative justice programs should be available, as specified, and would encourage the department to allow all eligible inmates the opportunity to enroll in programs that promote successful return to the community. This bill would also direct the department to establish a mission statement consistent with the principles described in the legislative findings and declarations. Under existing law, most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper lengths of terms. Until January 1, 2017, the choice of the appropriate term that is to best serve the interests of justice rests within the sound discretion of the court. On and after January 1, 2017, existing law requires the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. This bill would extend to January 1, 2022, the authority of the court to, in its sound discretion, impose the appropriate term that best serves the interests of justice. The bill would, on and after January 1, 2022, require the court to impose the middle term, unless there are circumstances in aggravation or mitigation of the crime. This bill would incorporate additional changes to Section 1170 of the Penal Code, proposed by SB 1084, that would become operative only if this bill and SB 1084 are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
Chaptered by Secretary of State - Chapter 696, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 2:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 27. Page 6461.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 5418.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 24. Page 4950.)
Read third time and amended. Ordered to third reading. (Page 4852.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 14. Noes 5.) (May 4).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
Read first time.
From printer. May be heard in committee March 22.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB2590 | HTML |
| 02/19/16 - Introduced | |
| 04/12/16 - Amended Assembly | |
| 05/19/16 - Amended Assembly | |
| 08/15/16 - Amended Senate | |
| 08/19/16 - Amended Senate | |
| 09/01/16 - Enrolled | |
| 09/27/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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