California 2021-2022 Regular Session Status: Enacted

AB 960 — Compassionate release.

Last action — Chaptered by Secretary of State - Chapter 744, Statutes of 2022.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2021. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a court, upon recommendation for consideration by the Secretary of the Department of Corrections and Rehabilitation, to resentence or recall the sentence of a prisoner if the court finds that the prisoner is terminally ill or the prisoner is permanently medically incapacitated and, in either case, the conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. Under existing law, a prisoner is terminally ill for the purposes of these provisions if they have an incurable condition caused by an illness or disease that would produce death within 12 months. Under existing law, a prisoner is permanently medically incapacitated if they have a medical condition renders them permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour total care and the incapacitation did not exist at the time of original sentencing. This bill would reorganize these provisions and require the department to make a recommendation for recall or resentencing of an incarcerated person if an incarcerated person has a serious and advanced illness with an end-of-life trajectory or who is found to be permanently medically incapacitated. The bill would change the criteria for an incarcerated person to be considered permanently medically incapacitated by removing the 24-hour total care requirement and would include functional impairments resulting in the permanent inability to complete activities of daily living and progressive end-stage dementia that did not exist at the time of original sentencing. The bill would also create a presumption in favor of recall and resentencing if the court finds that an incarcerated person is medically qualified, unless the court finds the defendant is an unreasonable risk of danger to public safety, as defined. The bill would require the appointment of counsel for indigent incarcerated persons referred to the court for recall and resentencing under these provisions. Because this bill would place additional duties on local agencies, this bill would impose a state-mandated local program. This bill would require the Judicial Council, beginning January 1, 2024, to publicly release an annual report regarding these provisions, including the number of people who were referred to the court for recall and resentencing, the number of people denied resentencing, and the number of people who passed away before completing the recall and resentencing process. This bill would make additional conforming changes. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 744, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 21.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 1.) (August 29).

  6. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 5130.).

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time. Ordered to third reading.

  12. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  14. In committee: Hearing postponed by committee.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 28). Re-referred to Com. on APPR.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  17. Referred to Com. on PUB. S.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 24. Page 1893.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 12. Noes 4.) (May 20).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 20).

  26. Re-referred to Com. on PUB. S.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  28. Referred to Com. on PUB. S.

  29. From printer. May be heard in committee March 20.

  30. Read first time. To print.

Sponsors

  • Ting · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 21 voted No

Sponsors (1)

  • Ting

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 960 Ting Concurrence in Senate Amendments

Passed 46 Yea · 21 Nay · 13 Other
Party YeaNayPresentNot Voting
Democratic 24206
Unaffiliated 221106
Republican 0801
Total 4621013
% of votes cast 58%26%0%16%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Voepel — Nay
Cooley — Nay
Mathis — Nay
Bigelow — Nay
Salas — Nay
Kiley — Nay
Mayes — Nay
Smith — Nay
Cunningham — Nay
Gray — Not Voting
Waldron — Not Voting
Maienschein — Not Voting
Rodriguez — Not Voting
Cooper — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Not Voting
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

3rd Reading AB960 Ting By Bradford

Passed 29 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 17501
Democratic 12001
Republican 0400
Total 29902
% of votes cast 73%23%0%5%
How each member voted (40)
Member Party Vote
Portantino — Yea
Newman — Yea
Min — Yea
Hueso — Yea
Bradford — Yea
Atkins — Yea
Pan — Yea
Skinner — Yea
Gonzalez — Yea
Rubio — Yea
Glazer — Yea
Kamlager — Yea
Eggman — Yea
Hertzberg — Yea
Leyva — Yea
Wieckowski — Yea
Dodd — Yea
Melendez — Nay
Nielsen — Nay
Borgeas — Nay
Wilk — Nay
Bates — Nay
Roth — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

AB 960 Ting Assembly Third Reading

Passed 45 Yea · 24 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 19603
Unaffiliated 26807
Republican 01000
Total 4524010
% of votes cast 57%30%0%13%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Chau — Yea
Voepel — Nay
Mathis — Nay
Bigelow — Nay
Kiley — Nay
Mayes — Nay
Frazier — Nay
Smith — Nay
Cunningham — Nay
Gray — Not Voting
Waldron — Not Voting
Maienschein — Not Voting
Rodriguez — Not Voting
Cooley — Not Voting
Cooper — Not Voting
Salas — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Nay
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Nay
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 5100
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Subjects

public-safety healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 960 do?
Existing law authorizes a court, upon recommendation for consideration by the Secretary of the Department of Corrections and Rehabilitation, to resentence or recall the sentence of a prisoner if the court finds that the prisoner is terminally ill or the prisoner is permanently medically incapacitated and, in either case, the conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. Under existing law, a prisoner is terminally ill for the purposes of these provisions if they have an incurable condition caused by an illness or disease that would produce death within 12 months. Under existing law, a prisoner is permanently medically incapacitated if they have a medical condition renders them permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour total care and the incapacitation did not exist at the time of original sentencing. This bill would reorganize these provisions and require the department to make a recommendation for recall or resentencing of an incarcerated person if an incarcerated person has a serious and advanced illness with an end-of-life trajectory or who is found to be permanently medically incapacitated. The bill would change the criteria for an incarcerated person to be considered permanently medically incapacitated by removing the 24-hour total care requirement and would include functional impairments resulting in the permanent inability to complete activities of daily living and progressive end-stage dementia that did not exist at the time of original sentencing. The bill would also create a presumption in favor of recall and resentencing if the court finds that an incarcerated person is medically qualified, unless the court finds the defendant is an unreasonable risk of danger to public safety, as defined. The bill would require the appointment of counsel for indigent incarcerated persons referred to the court for recall and resentencing under these provisions. Because this bill would place additional duties on local agencies, this bill would impose a state-mandated local program. This bill would require the Judicial Council, beginning January 1, 2024, to publicly release an annual report regarding these provisions, including the number of people who were referred to the court for recall and resentencing, the number of people denied resentencing, and the number of people who passed away before completing the recall and resentencing process. This bill would make additional conforming changes. 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.
Who sponsors AB 960?
AB 960 is sponsored by Ting.
What is the current status of AB 960?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track AB 960?
Track AB 960 free on One Click Politics — get push/email alerts when it moves.

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