BILL NUMBER: SB 299	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 22, 2007

INTRODUCED BY   Senator Romero

                        FEBRUARY 15, 2007

   An act  relating to   to add Section 5040 to
the Penal Code, relating to the  Department of Corrections and
Rehabilitation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 299, as amended, Romero. Department of Corrections and
Rehabilitation:  female inmates.   Honor
Program.  
   Under existing law, the Department of Corrections and
Rehabilitation is charged with the care and custody of all state
inmates. 
    This bill would require the department to develop and
implement an Honor Program for level III and level IV inmates, as
defined. The bill would set forth the criteria for eligibility for
the program, for which inmates could volunteer. Inmates designated
for the Honor Program would be allowed 4 days of visiting per week.
The Honor Program would require the department to establish an Honor
Program at all level III or level IV prisons, as specified. The bill
would also require all newly constructed correctional facilities
designated as level III or level IV facilities to contain an Honor
Program yard.  
   Existing law establishes the California Institution for Women for
the punishment, treatment, supervision, custody, and care of female
inmates.  
   This bill would make a legislative finding that a female inmate
would be more prepared for reentry into society after imprisonment if
a gender-specific rehabilitative program was available to her while
in prison. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    (a) The Legislature hereby finds and
declares the following:  
   (1) Over 90 percent of inmates in California state prisons will
return to the community.  
   (2) Rehabilitative programs are essential for reintegration into
society by inmates and the protection of public safety.  
   (3) Level III and level IV inmates, as defined by Section 3375.1
of Title 15 of the California Code of Regulations, having been
convicted of serious offenses, need to be in an environment that will
allow behavioral change to be positively reinforced, and maintained
to increase the likelihood of successful reintegration into society.
 
   (4) The Honor Program has proven itself to provide an environment
that allows inmates to maintain positive behavioral change. 

   (5) The provision of Honor Programs promotes public safety by
maintaining positive behavior change.  
   (b) (1) In enacting this measure, it is the intent of the
Legislature to enhance public safety, and promote rehabilitation of
level III and IV offenders by increasing the provision of Honor
Programs at institutions throughout the State of California. 

   (2) It is further the intent of the Legislature to create Honor
Programs within newly constructed Department of Corrections and
Rehabilitation facilities, which house level III and IV inmates.

   SEC. 2.    Section 5040 is added to the  
Penal Code   , to read:  
   5040.  (a) The Department of Corrections and Rehabilitation shall
develop and implement an Honor Program for level III and level IV
inmates, as defined by Section 3375.1 of Title 15 of the California
Code of Regulations, throughout the adult correctional system.
Inmates may volunteer to participate in the program.
   (b) An inmate shall meet all of the following criteria in order to
participate:
   (1) Have no active prison gang affiliation, either as a member or
associate.
   (2) Shall not be designated as qualified for a sensitive needs
yard.
   (3) Shall be amenable to program participation, including a
willingness to program with inmates of any race.
   (4) Have an in-prison record that includes no work-related rules
violation reports in the past two years and, as for level III
inmates, no serious rules violation reports in the past two years,
and, as for level IV inmates, no serious rules violation reports in
the past three years.
   (5) Be drug-free and agree to random drug testing.
   (6) Shall not be designated as single-cell status.
   (7) Shall apply in writing.
   (c) An inmate who is deemed to be qualified for Honor Program
placement shall be placed on a master list maintained by
Classification Services Unit staff.
   (d) Honor Program facilities shall be established based on the
number of qualified inmates on the master list, as soon as feasible.
   (e) Notwithstanding any other provisions, inmates participating in
the Honor Program shall be allowed four days of visiting per week.
   (f) The department shall phase-in implementation of Honor Programs
at all institutions containing level III or level IV yards, as
follows:
   (1) Once a sufficient number of inmates eligible for the program
are identified within an institution, the department shall transfer
those eligible inmates to a designated Honor Program yard at that
institution.
   (2) Eligible inmates may designate an alternative institution in
which they would be willing to serve their sentence in the Honor
Program.
   (g) All newly constructed correctional facilities designated as
level III or level IV facilities shall contain an Honor Program yard.
 
  SECTION 1.    The Legislature finds that to ensure
public safety, it is essential that the Department of Corrections
and Rehabilitation provides inmates with rehabilitative programs.
Research shows that gender-specific programs for female inmates
enables more complete reentry into society for female inmates than
rehabilitative programs not tailored to the specific needs of female
inmates.