Amends TCA Title 4, Chapter 29; Title 8; Title 40 and Title 41.
This bill creates the inmate disciplinary oversight board for the purpose of granting or denying sentence credits for good institutional behavior and determining whether sentence credits previously awarded should be removed for commission of certain disciplinary offenses, as described below. SENTENCE REDUCTION CREDITS Present law requires that persons committed to the custody of the department of correction be assigned to work, educational, or vocational training programs when positions in those programs are available. AWARDING SENTENCE CREDITS FOR GOOD INSTITUTIONAL BEHAVIOR AND SATISFACTORY PROGRAM PERFORMANCE Present law authorizes each inmate who exhibits good institutional behavior or who exhibits satisfactory performance within a program to be awarded time credits toward the sentence imposed, varying between one day and 16 days for each month served, with not more than eight days for each month served for good institutional behavior and not more than eight days for each month served for satisfactory program performance in accordance with the criteria established by the department of correction. This bill adds to the above provision that: (1) Credits for good institutional behavior may be awarded by the inmate disciplinary oversight board based on criteria established by the board and recommendations of the warden; and (2) Credits for satisfactory program performance may be awarded by the warden based on the criteria established by the department of correction. Present law prohibits sentence credits from being earned or credited automatically, instead requiring that they be awarded on a monthly basis to an inmate at the discretion of the responsible warden in accordance with the criteria established by the department of correction, and only after receipt by the warden of written documentation evidencing the inmate's good institutional behavior or satisfactory program performance or both. This bill rewrites the above provision to instead provide: (1) Credits for good institutional behavior may be awarded on a monthly basis at the discretion of the inmate disciplinary oversight board based on the criteria established by the board, and after receipt by the board of written documentation of an inmate's good institutional behavior and the warden's recommendation; (2) The responsible warden of each institution is required to submit written documentation of an inmate's good institutional behavior and the warden's recommendation as to any award of sentence credits to the inmate disciplinary oversight board each month, and is also required to submit the written documentation required by this (1)-(2) by the fifteenth day of each month for the previous month; and (3) Credits for satisfactory program performance may be awarded on a monthly basis at the discretion of the responsible warden in accordance with the criteria established by the department of correction, and only after receipt by the warden of written documentation evidencing the inmate's satisfactory program performance. REMOVAL OF SENTENCE CREDITS Present law only authorizes an inmate to be deprived of sentence credits previously awarded if in response to the commission of a major infraction designated by the department of correction as a Class A disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, or refusal to participate in an assignment. Moreover, present law requires the refusal of an inmate to participate in any assigned work, educational, or vocational training program to constitute a disciplinary offense for which the inmate can be penalized by the loss of sentence credits previously awarded. This bill adds to this provision: (1) The inmate disciplinary oversight board is required to make determinations on the removal of sentence credits previously awarded; and (2) The warden of each institution is required to submit written documentation of an inmate's Class A disciplinary infraction or refusal to participate in any assigned work or program to the inmate disciplinary oversight board by the fifteenth day of each month for the previous month. AWARDING SENTENCE CREDITS TO FELONY OFFENDERS Present law: (1) Requires that sentence reduction credits for good institutional behavior as authorized by this law also be awarded to all convicted felons for the time incarcerated prior to the imposition of sentence, and also requires the total credit to which a convicted felon may be entitled to be calculated by determining the number of days actually served in jail prior to imposition of sentence and by adding to that number the sentence reduction credits awarded for good institutional behavior, if any, based upon the number of days served; (2) Requires the sentence reduction credits authorized by (1) to be awarded at the rate of eight days for each month served prior to imposition of sentence unless there is an objection filed by the superintendent or jailer. If the superintendent or jailer objects to the number of sentence reduction credits awarded to a particular felon, then the superintendent or jailer must provide written documentation to the department of correction stating the objection and the number of sentence credits, if any, the felon should be awarded. If an objection is filed in accordance with this (2), then the department is required to adjust the number of sentence reduction credits awarded to conform to the number recommended in the superintendent's or jailer's written objection; and (3) Provides that despite the fact that in the absence of an objection from the superintendent or jailer the sentence reduction credits authorized by this (1)-(3) are awarded automatically, no convicted felon has a right to the credits or a right to appeal the superintendent's or jailer's determination concerning the number of sentence reduction credits a particular felon should be awarded as set out in the superintendent's or jailer's written objection to the department. This bill changes the above (1)-(3) as follows: (1) Rewrites (1) to authorize, instead of require, sentence reduction credits to be awarded to all convicted felons for the time incarcerated prior to the imposition of the sentence; (2) Rewrites (2): (A) To authorize, instead of require, the sentence reduction credits to be awarded at the rate of eight days for each month served prior to imposition of sentence; and (B) To remove the references regarding an objection by the superintendent or jailer to the number of sentence reduction credits awarded, and instead provide that in order to award credits, the superintendent or jailer must provide the inmate disciplinary oversight board with written documentation evidencing the inmate's good institutional behavior and stating the number of sentence reduction credits, if any, the felon may be awarded and any recommendations of the superintendent or jailer; (3) Adds that the disciplinary oversight board is required to award the appropriate number of sentence reduction credits, if any, based on the criteria established by the board and the recommendation of the superintendent or jailer; and (4) Rewrites (3) to remove the language regarding the automatic awarding of sentence reduction credits, and also to provide that a convicted felon does not have a right to the credits or a right to appeal the inmate disciplinary oversight board's determination, instead of the superintendent's or jailer's, concerning the number of sentence reduction credits a particular felon should be awarded. AWARDING SENTENCE CREDITS TO MISDEMEANOR OFFENDERS Present law provides: (1) Except as provided in (2), an inmate serving a misdemeanor sentence in a county jail, workhouse, or other local facility who exhibits good institutional behavior or satisfactory performance within a program may be awarded inmate sentence reduction credits toward the inmate's release and expiration dates at the same rate and in the same manner as inmates serving felony sentences; and (2) If an inmate is serving a misdemeanor sentence in a local facility that awards sentence credits at a different rate than provided by this law for felons, then the inmate can elect to receive the sentence credits either under the system provided in this law for felons or under the system in effect at the local facility. This bill adds to the end of (1) that in order to award credits, the local superintendent or jailer must provide the inmate disciplinary oversight board with written documentation evidencing the inmate's good institutional behavior and stating the number of sentence reduction credits, if any, the inmate may be awarded; and also requires the board to award the appropriate number of sentence reduction credits, if any, based on the criteria established by the board and the recommendation of the superintendent or jailer. APPLICABILITY OF SENTENCE REDUCTION CREDITS As used in present law, “sentence credits” includes any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences. Present law further clarifies that the above provisions regarding sentence reduction credits are not applicable when the powers granted pursuant to laws governing correctional institutions and inmates are in effect to reduce prison overcrowding. This bill deletes the previous sentence and instead provides that the above provisions regarding sentence reduction credits are applicable despite the powers granted pursuant to laws governing correctional institutions and inmates to reduce prison overcrowding. INMATE DISCIPLINARY OVERSIGHT BOARD This bill creates a full-time, autonomous inmate disciplinary oversight board to grant or deny inmate sentence credits for good institutional behavior and to determine whether sentence credits previously awarded should be removed for commission of a major infraction designated by the department as a Class A disciplinary offense or for an inmate's refusal to participate in an assignment. The board is composed of seven members, as follows: (1) Two members of the board will be appointed by the governor; (2) Two members of the board will be appointed by the speaker of the senate; (3) Two members of the board will be appointed by the speaker of the house of representatives; and (4) One member of the board will be appointed by the speaker of the senate and the speaker of the house of representatives jointly. This bill provides: (1) The board is autonomous in structure and has the authority to perform all administrative functions necessary to carry out its duties; (2) The board is separate functionally and administratively from any other agency; and (3) In performing the administrative and financial functions necessary to its operations, the board and its employees are subject to the budgetary, accounting, personnel, purchasing, and audit requirements, as well as other administrative requirements, applicable to all state departments and agencies. The initial board members will serve staggered terms and subsequent members will serve six-year terms and are eligible for reappointment. The full text of this bill specifies various procedural and organizational requirements for the board, including qualification and selection of appointees, filling vacancies, removal of board members, selecting a chair, and parliamentary procedure. The full text of this bill specifies 11 powers and duties that the board may exercise to fully and effectively carry out this bill. This bill requires the board to appoint an executive director who will be the chief administrative officer of the board. The full text of this bill specifies the executive director's duties. This bill requires the salaries of the members of the board to be established by the governor at no more than 85 percent and not less than 60 percent of those established under law for Class 2 state officials ($28,000). This bill prohibits a member's salary from being diminished during the term of the member's appointment; and requires the salaries of the members of the board to be equal, except that of the chair, whose salary must be set by the governor at a level commensurate with the increased duties and responsibilities. This bill further provides that the salaries of employees of the board are set by the board, and the requirements under provisions for the board of parole regarding personnel procedures apply to all actions under this provision. Additionally, when appropriate, this bill requires the members of the board and the board's employees to be reimbursed for reasonable and necessary travel expenses in accordance with the state comprehensive travel regulations. This bill requires the warden of each prison and all officers and employees of each prison and all other public officials to at all times cooperate with the board and to furnish to the board, its officers, and employees information as may be necessary to enable the board to perform its functions, and the wardens and other employees to at all times give the members of the board, its officers, and employees free access to all prisoners confined in the prisons, workhouses, and jails of this state. Pursuant to this bill, the department of correction is responsible for calculating the sentence expiration date and the earliest release date of a felony offender sentenced to the department of correction and a felony offender sentenced to confinement in a county jail or workhouse for one or more years. This bill places the inmate disciplinary oversight board in the sunset review cycle for entities terminating on June 30, 2025. For the purposes of appointing members and organization, this bill takes effect upon becoming a law. For all other purposes, this bill takes effect January 1, 2024. ON APRIL 20, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1031, AS AMENDED. AMENDMENT #1 makes the following revisions to this bill: (1) Provides that credits for good institutional behavior or for satisfactory program performance may be awarded by the warden, instead of by the inmate disciplinary oversight board, based on criteria established by the department of correction, instead of by the inmate disciplinary oversight board, and adds that the credits are subject to review and removal by the inmate disciplinary oversight board; (2) Removes the provisions of this bill making revisions to present law relative to awarding sentence credits for good institutional behavior and satisfactory program performance; (3) Rewrites the provisions of the bill regarding the removal of sentence credits to instead add to the present law that the sentence credits removed pursuant to the present law are subject to review by the inmate disciplinary oversight board. Thus, this amendment removes the bill language requiring the warden of each institution to submit written documentation of an inmate's Class A disciplinary infraction or refusal to participate in any assigned work or program to the inmate disciplinary oversight board by the fifteenth day of each month for the previous month; (4) Rewrites the provisions of this bill regarding the awarding of sentence credits to felony offenders to instead only add to the present law provisions that the sentence credits awarded are subject to review by the inmate disciplinary oversight board; (5) Removes the bill language amending the present law provisions regarding the awarding of sentence credits to misdemeanor offenders; (6) Clarifies that the purpose of the inmate disciplinary oversight board is to review the grant, denial, and removal of inmate sentence credits by a warden for good institutional behavior and to determine whether sentence credits previously awarded should be removed; (7) Changes the composition of the inmate disciplinary oversight board from seven to nine members, appointed as follows: (A) Three members of the board will be appointed by the governor; (B) Three members of the board will be appointed by the speaker of the senate; and (C) Three members of the board will be appointed by the speaker of the house of representatives; (8) Adds that the appointing authorities in (7) are required to appoint one member from each grand division of this state; (9) Rewrites the provisions regarding the salaries of the members of the board to instead provide that the salary of each member of the board is $120,000 annually with a cost of living adjustment every two years; and (10) Places the inmate disciplinary oversight board in the sunset review cycle for entities terminating on June 30, 2026, instead of entities terminating on June 30, 2025.
This bill creates the inmate disciplinary oversight board for the purpose of granting or denying sentence credits for good institutional behavior and determining whether sentence credits previously awarded should be removed for commission of certain disciplinary offenses, as described below. SENTENCE REDUCTION CREDITS Present law requires that persons committed to the custody of the department of correction be assigned to work, educational, or vocational training programs when positions in those programs are available. AWARDING SENTENCE CREDITS FOR GOOD INSTITUTIONAL BEHAVIOR AND SATISFACTORY PROGRAM PERFORMANCE Present law authorizes each inmate who exhibits good institutional behavior or who exhibits satisfactory performance within a program to be awarded time credits toward the sentence imposed, varying between one day and 16 days for each month served, with not more than eight days for each month served for good institutional behavior and not more than eight days for each month served for satisfactory program performance in accordance with the criteria established by the department of correction. This bill adds to the above provision that: (1) Credits for good institutional behavior may be awarded by the inmate disciplinary oversight board based on criteria established by the board and recommendations of the warden; and (2) Credits for satisfactory program performance may be awarded by the warden based on the criteria established by the department of correction. Present law prohibits sentence credits from being earned or credited automatically, instead requiring that they be awarded on a monthly basis to an inmate at the discretion of the responsible warden in accordance with the criteria established by the department of correction, and only after receipt by the warden of written documentation evidencing the inmate's good institutional behavior or satisfactory program performance or both. This bill rewrites the above provision to instead provide: (1) Credits for good institutional behavior may be awarded on a monthly basis at the discretion of the inmate disciplinary oversight board based on the criteria established by the board, and after receipt by the board of written documentation of an inmate's good institutional behavior and the warden's recommendation; (2) The responsible warden of each institution is required to submit written documentation of an inmate's good institutional behavior and the warden's recommendation as to any award of sentence credits to the inmate disciplinary oversight board each month, and is also required to submit the written documentation required by this (1)-(2) by the fifteenth day of each month for the previous month; and (3) Credits for satisfactory program performance may be awarded on a monthly basis at the discretion of the responsible warden in accordance with the criteria established by the department of correction, and only after receipt by the warden of written documentation evidencing the inmate's satisfactory program performance. REMOVAL OF SENTENCE CREDITS Present law only authorizes an inmate to be deprived of sentence credits previously awarded if in response to the commission of a major infraction designated by the department of correction as a Class A disciplinary offense, including, but not limited to, rape, arson, riot, escape or assault with a deadly weapon, or refusal to participate in an assignment. Moreover, present law requires the refusal of an inmate to participate in any assigned work, educational, or vocational training program to constitute a disciplinary offense for which the inmate can be penalized by the loss of sentence credits previously awarded. This bill adds to this provision: (1) The inmate disciplinary oversight board is required to make determinations on the removal of sentence credits previously awarded; and (2) The warden of each institution is required to submit written documentation of an inmate's Class A disciplinary infraction or refusal to participate in any assigned work or program to the inmate disciplinary oversight board by the fifteenth day of each month for the previous month. AWARDING SENTENCE CREDITS TO FELONY OFFENDERS Present law: (1) Requires that sentence reduction credits for good institutional behavior as authorized by this law also be awarded to all convicted felons for the time incarcerated prior to the imposition of sentence, and also requires the total credit to which a convicted felon may be entitled to be calculated by determining the number of days actually served in jail prior to imposition of sentence and by adding to that number the sentence reduction credits awarded for good institutional behavior, if any, based upon the number of days served; (2) Requires the sentence reduction credits authorized by (1) to be awarded at the rate of eight days for each month served prior to imposition of sentence unless there is an objection filed by the superintendent or jailer. If the superintendent or jailer objects to the number of sentence reduction credits awarded to a particular felon, then the superintendent or jailer must provide written documentation to the department of correction stating the objection and the number of sentence credits, if any, the felon should be awarded. If an objection is filed in accordance with this (2), then the department is required to adjust the number of sentence reduction credits awarded to conform to the number recommended in the superintendent's or jailer's written objection; and (3) Provides that despite the fact that in the absence of an objection from the superintendent or jailer the sentence reduction credits authorized by this (1)-(3) are awarded automatically, no convicted felon has a right to the credits or a right to appeal the superintendent's or jailer's determination concerning the number of sentence reduction credits a particular felon should be awarded as set out in the superintendent's or jailer's written objection to the department. This bill changes the above (1)-(3) as follows: (1) Rewrites (1) to authorize, instead of require, sentence reduction credits to be awarded to all convicted felons for the time incarcerated prior to the imposition of the sentence; (2) Rewrites (2): (A) To authorize, instead of require, the sentence reduction credits to be awarded at the rate of eight days for each month served prior to imposition of sentence; and (B) To remove the references regarding an objection by the superintendent or jailer to the number of sentence reduction credits awarded, and instead provide that in order to award credits, the superintendent or jailer must provide the inmate disciplinary oversight board with written documentation evidencing the inmate's good institutional behavior and stating the number of sentence reduction credits, if any, the felon may be awarded and any recommendations of the superintendent or jailer; (3) Adds that the disciplinary oversight board is required to award the appropriate number of sentence reduction credits, if any, based on the criteria established by the board and the recommendation of the superintendent or jailer; and (4) Rewrites (3) to remove the language regarding the automatic awarding of sentence reduction credits, and also to provide that a convicted felon does not have a right to the credits or a right to appeal the inmate disciplinary oversight board's determination, instead of the superintendent's or jailer's, concerning the number of sentence reduction credits a particular felon should be awarded. AWARDING SENTENCE CREDITS TO MISDEMEANOR OFFENDERS Present law provides: (1) Except as provided in (2), an inmate serving a misdemeanor sentence in a county jail, workhouse, or other local facility who exhibits good institutional behavior or satisfactory performance within a program may be awarded inmate sentence reduction credits toward the inmate's release and expiration dates at the same rate and in the same manner as inmates serving felony sentences; and (2) If an inmate is serving a misdemeanor sentence in a local facility that awards sentence credits at a different rate than provided by this law for felons, then the inmate can elect to receive the sentence credits either under the system provided in this law for felons or under the system in effect at the local facility. This bill adds to the end of (1) that in order to award credits, the local superintendent or jailer must provide the inmate disciplinary oversight board with written documentation evidencing the inmate's good institutional behavior and stating the number of sentence reduction credits, if any, the inmate may be awarded; and also requires the board to award the appropriate number of sentence reduction credits, if any, based on the criteria established by the board and the recommendation of the superintendent or jailer. APPLICABILITY OF SENTENCE REDUCTION CREDITS As used in present law, “sentence credits” includes any credit, whether called that or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences. Present law further clarifies that the above provisions regarding sentence reduction credits are not applicable when the powers granted pursuant to laws governing correctional institutions and inmates are in effect to reduce prison overcrowding. This bill deletes the previous sentence and instead provides that the above provisions regarding sentence reduction credits are applicable despite the powers granted pursuant to laws governing correctional institutions and inmates to reduce prison overcrowding. INMATE DISCIPLINARY OVERSIGHT BOARD This bill creates a full-time, autonomous inmate disciplinary oversight board to grant or deny inmate sentence credits for good institutional behavior and to determine whether sentence credits previously awarded should be removed for commission of a major infraction designated by the department as a Class A disciplinary offense or for an inmate's refusal to participate in an assignment. The board is composed of seven members, as follows: (1) Two members of the board will be appointed by the governor; (2) Two members of the board will be appointed by the speaker of the senate; (3) Two members of the board will be appointed by the speaker of the house of representatives; and (4) One member of the board will be appointed by the speaker of the senate and the speaker of the house of representatives jointly. This bill provides: (1) The board is autonomous in structure and has the authority to perform all administrative functions necessary to carry out its duties; (2) The board is separate functionally and administratively from any other agency; and (3) In performing the administrative and financial functions necessary to its operations, the board and its employees are subject to the budgetary, accounting, personnel, purchasing, and audit requirements, as well as other administrative requirements, applicable to all state departments and agencies. The initial board members will serve staggered terms and subsequent members will serve six-year terms and are eligible for reappointment. The full text of this bill specifies various procedural and organizational requirements for the board, including qualification and selection of appointees, filling vacancies, removal of board members, selecting a chair, and parliamentary procedure. The full text of this bill specifies 11 powers and duties that the board may exercise to fully and effectively carry out this bill. This bill requires the board to appoint an executive director who will be the chief administrative officer of the board. The full text of this bill specifies the executive director's duties. This bill requires the salaries of the members of the board to be established by the governor at no more than 85 percent and not less than 60 percent of those established under law for Class 2 state officials ($28,000). This bill prohibits a member's salary from being diminished during the term of the member's appointment; and requires the salaries of the members of the board to be equal, except that of the chair, whose salary must be set by the governor at a level commensurate with the increased duties and responsibilities. This bill further provides that the salaries of employees of the board are set by the board, and the requirements under provisions for the board of parole regarding personnel procedures apply to all actions under this provision. Additionally, when appropriate, this bill requires the members of the board and the board's employees to be reimbursed for reasonable and necessary travel expenses in accordance with the state comprehensive travel regulations. This bill requires the warden of each prison and all officers and employees of each prison and all other public officials to at all times cooperate with the board and to furnish to the board, its officers, and employees information as may be necessary to enable the board to perform its functions, and the wardens and other employees to at all times give the members of the board, its officers, and employees free access to all prisoners confined in the prisons, workhouses, and jails of this state. Pursuant to this bill, the department of correction is responsible for calculating the sentence expiration date and the earliest release date of a felony offender sentenced to the department of correction and a felony offender sentenced to confinement in a county jail or workhouse for one or more years. This bill places the inmate disciplinary oversight board in the sunset review cycle for entities terminating on June 30, 2025. For the purposes of appointing members and organization, this bill takes effect upon becoming a law. For all other purposes, this bill takes effect January 1, 2024. ON APRIL 20, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1031, AS AMENDED. AMENDMENT #1 makes the following revisions to this bill: (1) Provides that credits for good institutional behavior or for satisfactory program performance may be awarded by the warden, instead of by the inmate disciplinary oversight board, based on criteria established by the department of correction, instead of by the inmate disciplinary oversight board, and adds that the credits are subject to review and removal by the inmate disciplinary oversight board; (2) Removes the provisions of this bill making revisions to present law relative to awarding sentence credits for good institutional behavior and satisfactory program performance; (3) Rewrites the provisions of the bill regarding the removal of sentence credits to instead add to the present law that the sentence credits removed pursuant to the present law are subject to review by the inmate disciplinary oversight board. Thus, this amendment removes the bill language requiring the warden of each institution to submit written documentation of an inmate's Class A disciplinary infraction or refusal to participate in any assigned work or program to the inmate disciplinary oversight board by the fifteenth day of each month for the previous month; (4) Rewrites the provisions of this bill regarding the awarding of sentence credits to felony offenders to instead only add to the present law provisions that the sentence credits awarded are subject to review by the inmate disciplinary oversight board; (5) Removes the bill language amending the present law provisions regarding the awarding of sentence credits to misdemeanor offenders; (6) Clarifies that the purpose of the inmate disciplinary oversight board is to review the grant, denial, and removal of inmate sentence credits by a warden for good institutional behavior and to determine whether sentence credits previously awarded should be removed; (7) Changes the composition of the inmate disciplinary oversight board from seven to nine members, appointed as follows: (A) Three members of the board will be appointed by the governor; (B) Three members of the board will be appointed by the speaker of the senate; and (C) Three members of the board will be appointed by the speaker of the house of representatives; (8) Adds that the appointing authorities in (7) are required to appoint one member from each grand division of this state; (9) Rewrites the provisions regarding the salaries of the members of the board to instead provide that the salary of each member of the board is $120,000 annually with a cost of living adjustment every two years; and (10) Places the inmate disciplinary oversight board in the sunset review cycle for entities terminating on June 30, 2026, instead of entities terminating on June 30, 2025.
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