AB 2788

Bill Subjects

Abstract

Existing law authorizes courts generally to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years, except as specified. Existing law authorizes courts in misdemeanor cases to suspend a sentence and make and enforce terms of probation for a period not to exceed one year, except as specified. 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. This bill would make a person who is prohibited from owning a firearm due to prior convictions who commits a felony while armed with a firearm or while using a firearm subject to various conditions, including, among others, requiring the sentencing court to afford great weight to those facts when determining what term to impose, requiring treatment, rehabilitation, or education programs to be completed before the person can receive good conduct credits, and, if probation is granted, requiring it to be for a duration of 5 years. By imposing additional duties on local prosecutors and law enforcement, this bill would impose 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.