BILL NUMBER: AB 1652	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 11, 2014

   An act to amend Section 2933.6 of, and to add Chapter 18
(commencing with Section 7455) to Title 7 of Part 3 of, the Penal
Code, relating to inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1652, as introduced, Ammiano. Inmates: prison gangs.
   Existing law requires a prisoner of the Department of Corrections
and Rehabilitation to be awarded credit reductions from his or her
term of confinement of 6 months for every 6 months of continuous
confinement, as specified. Existing law provides for up to 6 weeks of
additional credit in a 12-month period for the successful completion
of certain rehabilitative programs, as specified. Existing law makes
a person who is placed in a Security Housing Unit, Psychiatric
Services Unit, Behavioral Management Unit, or an Administrative
Segregation Unit for specified misconduct, or upon validation as a
prison gang member or associate, ineligible to earn credits pursuant
to these provisions.
   This bill would remove the provision making a person who is placed
in a Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or an Administrative Segregation Unit upon
validation as a prison gang member or associate ineligible to receive
the above-specified credits.
   This bill would require that an inmate assigned to a Security
Housing Unit as a validated member, associate, or affiliate of a gang
or security threat group receive a determinate term of not more than
36 months if the assignment is based solely on that status.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2933.6 of the Penal Code is amended to read:
   2933.6.  (a) Notwithstanding any other law, a person who is placed
in a Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or an Administrative Segregation Unit for misconduct
described in subdivision (b)  or upon validation as a prison
gang member or associate  is ineligible to earn credits
pursuant to Section 2933 or 2933.05 during the time he or she is in
the Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or the Administrative Segregation Unit for that
misconduct.
   (b) This section applies to the following offenses:
   (1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
   (2) Manslaughter.
   (3) Assault or battery causing serious bodily injury.
   (4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
   (5) Assault with a deadly weapon or caustic substance.
   (6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
   (7) Taking a hostage.
   (8) Escape or attempted escape with force or violence.
   (9) Escape from any departmental prison or institution other than
a camp or reentry facility.
   (10) Possession or manufacture of a deadly weapon or explosive
device.
   (11) Arson involving damage to a structure.
   (12) Possession of flammable, explosive material with intent to
burn any structure or property.
   (13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.
   (14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.
   (c) This section does not apply if the administrative finding of
the misconduct is overturned or if the person is criminally
prosecuted for the misconduct and is found not guilty.
  SEC. 2.  Chapter 18 (commencing with Section 7455) is added to
Title 7 of Part 3 of the Penal Code, to read:
      CHAPTER 18.  SECURITY HOUSING UNIT


   7455.  An inmate assigned to a Security Housing Unit as a
validated member, associate, or affiliate of a gang or security
threat group shall receive a determinate term in the Security Housing
Unit of not more than 36 months if the assignment is based solely on
that status.