Wednesday, October 3, 2012

Legislative Update

Posted: October 3, 2012
Submitted by: Ignacio Hernandez

California Attorneys for Criminal Justice

Legislative Update

Just a few days ago Governor Jerry Brown closed the legislative session by signing and vetoing the remaining bills on his desk. Here is a list of key bills he acted on this weekend.
SIGNED
AB 593 (Ma D)   Domestic violence: battering: recall and resentencing.
This bill expands the cases in which a prisoner may bring a habeas corpus petition for situations in which the evidence of intimate partner battering that was used in trial was not competent or substantial and where such evidence may have changed the sentence, not just the conviction.  Click here for the full text.
AB 1593 (Ma D)   Parole: intimate partner battering.
This bill would require the Parole Board to give "great weight" to information about the prisoner being a victim of intimate partner battering at the time of the crime.  It would also prohibit the Board from using this information in support of a finding that the prisoner lacks insight into their crime. Click here for the full text.
AB 2015 (Mitchell D) Criminal procedure: telephone calls: arrested custodial parents.
This bill would require an arresting or booking officer to inquire, no later than 3 hours after the arrest, as to whether the arrested person is a custodial parent. The bill would require the officer to inform the person that he or she is entitled to make 2 additional telephone calls to arrange for care of a minor child. It would also require a sign describing this allowance to be posted in a conspicuous place. Click here for the full text of the bill.
AB 2127 (Carter D)   Work release.
This bill authorizes a sheriff or other official to permit a person in a work release program to receive work release credit for participation in educational, vocational, substance abuse, life skills or parenting programs. Current law only allows participants in a work release program to receive work release credit for performing manual labor. Click here for full text.
AB 2530 (Atkins D)   Inmates in labor.
This bill prohibits the shackling of inmates and wards incarcerated by the Department of Corrections and Rehabilitation (CDCR) who are known to be pregnant, in labor, or in recovery after delivery, with leg irons, waist chains, or handcuffs behind the body. Click here for the full bill text.
SB 9 (Yee D)   Sentencing.
This bill authorizes a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without the possibility of parole (LWOP) to submit a petition for recall and re-sentencing to the sentencing court, after serving 15 years of their sentence. Click here for full text.
SB 1462 (Leno D)   County sheriffs: release of prisoners: medical release.
This bill would authorize the sheriff to release a prisoner from a county jail on medical probation if the prisoner is deemed to have a life expectancy of 6 months or less, provided the sheriff determines that the prisoner would not reasonably pose a threat to public safety. Click here for the full bill text.
VETOED
AB 2527 (Swanson D)   Probation: mandatory termination of period of probation.
This bill would require the period of probation to be terminated at any time when the good conduct of the person held on probation warrants it. Good conduct can be demonstrated by the probationer through such actions as pursuing a GED or participating in community service. Click here for the full text.