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CA SB 898

Title: Criminal procedure: sexual assault resentencing.
Author: Susan Rubio

Summary
SB 898, as amended, Skinner. Criminal procedure: sexual assault resentencing. Existing law requires the Department of Corrections and Rehabilitation to ensure that specified procedures are performed in the investigation and prosecution of sexual abuse incidents, including, among others, that an employee must be terminated if an investigation confirms that the employee sexually abused an inmate. Existing law requires administrators to report criminal sexual abuse by staff to law enforcement authorities.This bill would require the department or a county correctional facility or jail to monitor for 90 days an incarcerated person who reports sexual abuse, and the incarcerated person reported to have suffered the abuse, by a staff person at a department facility or a county correctional facility or jail for possible retaliation. The bill would require a referral by the warden within 72 hours for investigation by the department’s Office of Internal Affairs or, in the case of a county correctional facility or jail, their oversight agency, if specified retaliation occurs. The bill would make any act of retaliation against an incarcerated person who has made a complaint of sexual abuse by a staff person at a department facility or a county correctional facility or jail prima facie evidence that the abuse occurred and would create a rebuttable presumption in any subsequent court proceeding or administrative proceeding regarding the abuse. By imposing new duties on county correctional facilities, jails, and local oversight agencies, this bill would impose a state-mandated local program. Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation, under specified guidelines, to grant up to 12 additional months of reduction of a sentence to a prisoner who has performed a heroic act in a life-threatening situation or who has provided exceptional assistance in maintaining the safety and security of a prison.This bill would authorize the secretary to grant up to 12 additional months of reduction of a sentence to a prisoner who has been a victim of sexual assault while incarcerated.This bill would require the secretary or, in the case of a county jail inmate, the county probation department of the county in which the person is incarcerated, to award Survivor Safety Emergency Credits, as defined, which reduces a sentence by 12 months, to an incarcerated person who has proven to have been sexual assaulted by a staff person at a department facility or a county correctional facility or jail. The bill would require the department or county probation department to identify those persons who may be eligible for the credit when a claim of assault is asserted by an incarcerated person or a third party. The bill would, by July 1, 2025, require the department or a county probation department to review staff and incarcerated persons records to identify any incarcerated person eligible for the credit who is still in custody. By imposing new duties on county probation departments, this bill would impose a state-mandated local program.Existing law authorizes a defendant to submit to a sentencing court a petition for recall and resentencing when a defendant, who was under 18 years of age at the time of the commission of a specified offense for which the defendant was sentenced to imprisonment for life without the possibility of parole, has been incarcerated for at least 15 years. Existing law authorizes a court to consider specified factors when determining whether to resentence the defendant to a term of imprisonment with the possibility of parole including, among others, that the defendant has had no disciplinary actions for violent activities in the last five years in which the defendant was determined to be the aggressor.This bill would authorize a court to also consider if the defendant has been a victim of sexual abuse or sexual violence at any time during their incarceration when determining whether to resentence the defen

Status
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 2). Re-referred to Com. on APPR.

Bill Documents
CA SB 898 - 06/26/24 - Amended Assembly
06/26/24 - CA SB 898 (06/26/24 - Amended Assembly)


CA SB 898 - 06/10/24 - Amended Assembly
06/10/24 - CA SB 898 (06/10/24 - Amended Assembly)

CA SB 898 - 06/10/24 - Amended Assembly
06/10/24 - CA SB 898 (06/10/24 - Amended Assembly)

CA SB 898 - 04/10/24 - Amended Senate
04/10/24 - CA SB 898 (04/10/24 - Amended Senate)

CA SB 898 - 04/10/24 - Amended Senate
04/10/24 - CA SB 898 (04/10/24 - Amended Senate)

CA SB 898 - 01/03/24 - Introduced
01/03/24 - CA SB 898 (01/03/24 - Introduced)

CA SB 898 - 01/03/24 - Introduced
01/03/24 - CA SB 898 (01/03/24 - Introduced)

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Author Details


  • Susan Rubio - D
    Senator - State Senate - CA

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    Capital Address:
    1021 O Street, Suite 8710
    Sacramento, CA 95814-4900
    9166514022

    District Address:
    100 S Vincent Ave Ste 401
    West Covina, CA 91790 2932
    Phone: 6264302499