California 2009-2010, 1st Special Session Status: To Executive

AB 8 — Department of Corrections and Rehabilitation.

Last action — Vetoed by Governor.

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

This bill died with 2009-2010, 1st Special Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes certain values for determining if theft or certain other property crimes are punishable as felonies or not. Existing law provides that for many of these crimes, the threshold is $400, while the thresholds for certain other crimes are $100, $200, and $1,000, as specified. This bill would increase those thresholds uniformly; for example by increasing the $400 threshold to $950. Because this bill would change the definitions of various crimes, it would impose a state-mandated local program. Existing law provides for a 6-month reduction in a prisoner's term of confinement for every 6 months of full-time performance by the prisoner in a qualified work, training, or education program, as specified. Existing law provides that for every 6 days served in a specified local detention center following an arrest and prior to the imposition of a prison sentence for a felony conviction, 2 days shall be deducted from his or her period of confinement, as specified. This bill would instead provide that certain prisoners shall earn one day of credit for every one day served either in the state prison or in a local facility prior to delivery to the state prison. This bill would provide for up to 4 months of additional credit for the successful completion of certain programs offered by the department, as specified. This bill would also expand an existing program for extra time credits for inmates assigned to conservation camps to apply to inmates on the wait list for conservation camps. Existing law provides that the maximum period of parole for persons who have served at least one year and one day of imprisonment in the state prison is 3 years, unless the person was convicted of certain crimes, or unless the parole authority, for "good cause," waives parole. Existing law also requires a person who has not been convicted of a violent felony to be discharged from parole after one year of continuous parole supervision, and a person who has been convicted of a violent felony who has a parole term of 3 years to be discharged after 2 years of continuous supervision or who has a parole term of 5 years to be discharged after 3 years of continuous supervision, unless the parole authority determines that the person should be retained on parole, as specified. This bill would instead provide that a person who is not required to register as a sex offender, and who was not sentenced for any offense that is a serious felony or a violent felony, as defined, shall be subject to six months of parole, except as specified. The bill would further provide that a person who is on parole as of the effective date of this bill who is not pending revocation shall be discharged from parole immediately if he or she has already served the time and met the terms specified above, or upon meeting those terms. Existing law provides for various sanctions to be imposed on persons who violate parole, including reincarceration. This bill would state the intent of the Legislature that parole violators who present a lower risk to public safety, as defined, shall have community sanctions imposed, as specified. The bill would require the Department of Corrections and Rehabilitation to implement a "parole violation decisionmaking instrument" to provide guidelines for use by parole agents and the Board of Parole Hearings to determine the most appropriate sanctions for parole violators, as specified. The bill would require the department to adopt regulations to implement these provisions. The bill would provide that its provisions do not limit the authority of counties to prosecute parolees who commit new crimes. 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 no reimbursement is required by this act for a specified reason. This bill would make its provisions contingent on the enactment of other legislation, as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 2:25 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 47. Noes 27. Page 46.)

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time, passed, and to Assembly. (Ayes 23. Noes 15. Page 25.)

  6. (Ayes 26. Noes 11. Page 23.)

  7. Senate Rule 29.3 suspended.

  8. Read third time, amended, and returned to third reading. (Page 23.).

  9. Ordered to third reading.

  10. Read second time.

  11. Withdrawn from committee.

  12. From printer.

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

  14. Read third time, passed, and to Senate. (Ayes 74. Noes 1. Page 14.)

  15. Read second time.

  16. Art. IV, Sec. 8(b) of the Constitution suspended. (Ayes 75. Noes 0. Page 8.)

  17. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Committee on Budget

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

AB8 BUDGET Concurrence in Senate Amendments By EVANS First Extraordinary Session

Passed 54 Yea · 30 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 482808
Democratic 5000
Republican 1200
Total 543008
% of votes cast 59%33%0%9%
How each member voted (92)
Member Party Vote
Carter — Yea
Emmerson — Nay
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Gilmore — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Charles — Yea
Eng — Yea
Feuer — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Chesbro — Yea
Conway — Nay
Duvall — Nay
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Fuentes — Yea
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Gaines — Nay
Audra — Nay
Bass — Yea
Blakeslee — Nay
Hagman — Nay
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Fletcher — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Cook — Not Voting
Villines — Nay
Adams — Nay
Anderson — Nay
Block — Not Voting
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Hill — Yea
Huber — Not Voting
Knight — Nay
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torres — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB8 Budget Committee Ducheny

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211401
Democratic 3000
Republican 0100
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
Cedillo — Yea
DeSaulnier — Yea
Florez — Yea
Yee — Yea
Hancock — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Negrete — Yea
Ducheny — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Wyland — Not Voting
Runner — Nay
Cogdill — Nay
Correa — Nay
Huff — Nay
Ashburn — Nay
Benoit — Nay
Cox — Nay
Denham — Nay
Dutton — Nay
Walters — Nay
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Harman — Nay
Hollingsworth — Nay
Liu — Yea
Maldonado — Nay
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB8 EVANS Assembly Third Reading First Extraordinary Session

Passed 86 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 78105
Democratic 5000
Republican 3000
Total 86105
% of votes cast 93%1%0%5%
How each member voted (92)
Member Party Vote
Emmerson — Yea
Eng — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Hagman — Yea
V. — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
Ammiano — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Yamada — Yea
Hayashi — Not Voting
Nielsen — Not Voting
Anderson — Nay
Bass — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Tran — Not Voting
Adams — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Price — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torres — Not Voting
Villines — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does AB 8 do?
Existing law establishes certain values for determining if theft or certain other property crimes are punishable as felonies or not. Existing law provides that for many of these crimes, the threshold is $400, while the thresholds for certain other crimes are $100, $200, and $1,000, as specified. This bill would increase those thresholds uniformly; for example by increasing the $400 threshold to $950. Because this bill would change the definitions of various crimes, it would impose a state-mandated local program. Existing law provides for a 6-month reduction in a prisoner's term of confinement for every 6 months of full-time performance by the prisoner in a qualified work, training, or education program, as specified. Existing law provides that for every 6 days served in a specified local detention center following an arrest and prior to the imposition of a prison sentence for a felony conviction, 2 days shall be deducted from his or her period of confinement, as specified. This bill would instead provide that certain prisoners shall earn one day of credit for every one day served either in the state prison or in a local facility prior to delivery to the state prison. This bill would provide for up to 4 months of additional credit for the successful completion of certain programs offered by the department, as specified. This bill would also expand an existing program for extra time credits for inmates assigned to conservation camps to apply to inmates on the wait list for conservation camps. Existing law provides that the maximum period of parole for persons who have served at least one year and one day of imprisonment in the state prison is 3 years, unless the person was convicted of certain crimes, or unless the parole authority, for "good cause," waives parole. Existing law also requires a person who has not been convicted of a violent felony to be discharged from parole after one year of continuous parole supervision, and a person who has been convicted of a violent felony who has a parole term of 3 years to be discharged after 2 years of continuous supervision or who has a parole term of 5 years to be discharged after 3 years of continuous supervision, unless the parole authority determines that the person should be retained on parole, as specified. This bill would instead provide that a person who is not required to register as a sex offender, and who was not sentenced for any offense that is a serious felony or a violent felony, as defined, shall be subject to six months of parole, except as specified. The bill would further provide that a person who is on parole as of the effective date of this bill who is not pending revocation shall be discharged from parole immediately if he or she has already served the time and met the terms specified above, or upon meeting those terms. Existing law provides for various sanctions to be imposed on persons who violate parole, including reincarceration. This bill would state the intent of the Legislature that parole violators who present a lower risk to public safety, as defined, shall have community sanctions imposed, as specified. The bill would require the Department of Corrections and Rehabilitation to implement a "parole violation decisionmaking instrument" to provide guidelines for use by parole agents and the Board of Parole Hearings to determine the most appropriate sanctions for parole violators, as specified. The bill would require the department to adopt regulations to implement these provisions. The bill would provide that its provisions do not limit the authority of counties to prosecute parolees who commit new crimes. 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 no reimbursement is required by this act for a specified reason. This bill would make its provisions contingent on the enactment of other legislation, as specified. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 1, 2008. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 1, 2008, pursuant to the California Constitution.
Who sponsors AB 8?
AB 8 is sponsored by Committee on Budget.
What is the current status of AB 8?
This bill died with 2009-2010, 1st Special Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 8?
Track AB 8 free on One Click Politics — get push/email alerts when it moves.

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