SB551 - Corrections and rehabilitation: state policy.

Senate Bill No. 551 CHAPTER 225 An act to amend Sections 1170 and 5000 of, and to add Section 5000.5 to, the Penal Code, relating to corrections and rehabilitation. [ Approved by Governor October 01, 2025. Filed with Secretary of State October 01, 2025. ] LEGISLATIVE COUNSEL'S DIGEST SB 551, Cortese. Corrections and rehabilitation: state policy. Under existing law, the Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice, and that programs should be available for incarcerated persons, including educational, rehabilitative, and restorative justice programs that are designed to promote behavioral change and to prepare all incarcerated persons for successful reentry into the community. Existing law directs the Department of Corrections and Rehabilitation to maintain a mission statement consistent with these principles. This bill would make legislative findings and declarations relating to corrections and rehabilitation, including, among others, that the Legislature recognizes that life in prison can never be the same as life in a free society, and that active steps should be taken to make conditions in prison as close to normal life as possible, aside from loss of liberty, to ensure that this normalization does not lead to inhumane prison conditions. The bill would direct the department to maintain a mission statement consistent with the principles of normalization and dynamic security, and would require the department to facilitate access for community-based programs. Existing law provides that the primary objective of adult incarceration is to facilitate the successful reintegration of the individuals in the department’s care back to their communities equipped with the tools to be drug-free, healthy, and employable members of society by providing education, treatment, and rehabilitative and restorative justice programs in a safe and humane environment. This bill would include that the primary objective of adult incarceration is to promote personal growth for all residents in the department’s care. The bill would also provide that the department should develop training for all correctional staff on the principles of normalization and dynamic security in order to meaningfully effectuate these principles. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Incarceration has had negative physical and mental health impacts on correctional officers, Department of Corrections and Rehabilitation staff, and incarcerated individuals. Nationally, the average life expectancy of a correctional officer is 59 years of age, which is 16 years shorter than those who do not work in corrections. Further, suicide rates for correctional officers are 39 percent higher than the national working age population. For incarcerated people, each year spent in prison can take two years off of an individual’s life expectancy, and the rate of suicide is 31.2 deaths per 100,000 incarcerated persons. (b) In 2023, Assembly Bill 1104 (Chapter 560, Statutes of 2023) stated that the purpose of incarceration is to provide rehabilitative services to incarcerated people so they can be successfully and safely reintegrated into the community. (c) The principle of dynamic security, which is the direct, ongoing, and respectful communication between correctional staff and incarcerated persons is a key component of the safest prisons. (d) Dynamic security promotes a healthier environment for correctional officers, staff, and individuals within a correctional facility by improving the relationship between incarcerated individuals and staff. Improved communication, mentorship, and normalization improves health outcomes for department staff and incarcerated individuals by reducing risks such as violent behavior, recidivism, and stress. Access to training for correctional staff to be respectful, fair, and flexible in the use of their authority, and opportunities to study law, ethics, human rights, and behavior change can assist in lowering the mortality rate of correctional officers. Officers who regularly socialize with incarcerated persons and participate in activities to promote open communication and foster relationships create a safer environment for both incarcerated persons and staff. (e) The principle of normalization, which states that life inside prison should be as close to life outside of prison as much as possible, prepares incarcerated persons to be productive and contributing members of society upon their release. Incarcerated persons are encouraged to gain skills and provide for their own needs as much as possible to prepare them to be “good neighbors.” (f) Importing services into prisons from the community to provide medical, mental health, educational, skill building, and library access are imperative to rehabilitative and individual success. (g) Creating opportunities for incarcerated persons to maintain their social roles such as father, mother, son, daughter, and friend through in-person and online visits as well as other channels of communication, provides space to practice healthy relationships and motivation for self-development. (h) This comprehensive strategy aligns with the goal of creating individuals capable of positive contributions to their communities upon reintegration while simultaneously addressing crucial factors that impact staff well-being. (i) It is essential to further amend the Penal Code to clarify that, when the sentence for a crime includes a term of incarceration, the resulting deprivation of liberty satisfies the punishment purposes of sentencing and that the additional purpose of incarceration is rehabilitation and successful reentry back into the community. (j) According to the United States Bureau of Justice Statistics, 95 percent of incarcerated people will be released from prison back into the community. (k) Effective rehabilitation increases public safety and builds stronger communities. In order to achieve these goals, it is essential that incarcerated people are able to live with dignity, are treated humanely, are able to maintain and build strong family and community connections, and have access to varied, high-quality educational and rehabilitative programs. (l) The Department of Corrections and Rehabilitation is encouraged to allow all incarcerated persons the opportunity to enroll in programs that promote successful return to the community. The Legislature finds and declares that community-based organizations are an integral part of achieving the state’s objective of ensuring that all people incarcerated in a state prison have access to rehabilitative programs. SEC. 2. Section 1170 of the Penal Code is amended to read: 1170. (a) (1) The Legislature finds and declares that the purpose of sentencing is public safety and to reduce recidivism achieved through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration, the deprivation of liberty satisfies the punishment purpose of sentencing. Therefore, the carceral system should not, except as incidental to justifiable separation or the maintenance of discipline, aggravate the suffering inherent while experiencing imprisonment. The essential purpose of incarceration is rehabilitation and successful community reintegration achieved through education, treatment, and active participation in rehabilitative and restorative justice programs. This purpose is best served by terms that are proportionate to the seriousness of the offense with provision for uniformity in the sentences of people incarcerated for committing the same offense under similar circumstances. These purposes can be achieved only if the period of imprisonment is used to ensure, so far as possible, the promotion of personal growth for all residents and the reintegration of a person into society upon release so that they can lead a law-abiding and self-supporting life, reducing recidivism. (2) The Legislature further finds and declares that programs should be available for incarcerated persons, including, but not limited to, educational, rehabilitative, and restorative justice programs that are designed to promote behavioral change and to prepare all incarcerated persons for successful reentry into the community. The Legislature encourages the development of policies and programs designed to educate and rehabilitate all incarcerated persons. These programs, activities, and services should be delivered in line with the individual treatment needs of incarcerated persons. (3) In any case in which the sentence prescribed by statute for a person convicted of a public offense is a term of imprisonment in the state prison, or a term pursuant to subdivision (h), of any specification of three time periods, the court shall sentence the defendant to one of the terms of imprisonment specified unless the convicted person is given any other disposition provided by law, including a fine, jail, probation, or the suspension of imposition or execution of sentence or is sentenced pursuant to subdivision (b) of Section 1168 because they had committed their crime prior to July 1, 1977. In sentencing the convicted person, the court shall apply the sentencing rules of the Judicial Council. The court, unless it determines that there are circumstances in mitigation of the sentence prescribed, shall also impose any other term that it is required by law to impose as an additional term. Nothing in this article shall affect any provision of law that imposes the death penalty, that authorizes or restricts the granting of probation or suspending the execution or imposition of sentence, or expressly provides for imprisonment in the state prison for life, except as provided in subdivision (d). In any case in which the amount of preimprisonment credit under Section 2900.5 or any other provision of law is equal to or exceeds any sentence imposed pursuant to this chapter, except for a remaining portion of mandatory supervision imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h), the entire sentence shall be deemed to have been served, except for the remaining period of mandatory supervision, and the defendant shall not be actually delivered to the custody of the secretary or the county correctional administrator. The court shall advise the defendant that they shall serve an applicable period of parole, postrelease community supervision, or mandatory supervision and order the defendant to report to the parole or probation office closest to the defendant’s last legal residence, unless the in-custody credits equal the total sentence, including both confinement time and the period of parole, postrelease community supervision, or mandatory supervision. The sentence shall be deemed a separate prior prison term or a sentence of imprisonment in a county jail under subdivision (h) for purposes of Section 667.5, and a copy of the judgment and other necessary documentation shall be forwarded to the secretary. (b) (1) When a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the court shall, in its sound discretion, order imposition of a sentence not to exceed the middle term, except as otherwise provided in paragraph (2). (2) The court may impose a sentence exceeding the middle term only when there are circumstances in aggravation of the crime that justify the imposition of a term of imprisonment exceeding the middle term and the facts underlying those circumstances have been stipulated to by the defendant or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. Except where evidence supporting an aggravating circumstance is admissible to prove or defend against the charged offense or enhancement at trial, or it is otherwise authorized by law, upon request of a defendant, trial on the circumstances in aggravation alleged in the indictment or information shall be bifurcated from the trial of charges and enhancements. The jury shall not be informed of the bifurcated allegations until there has been a conviction of a felony offense. (3) Notwithstanding paragraphs (1) and (2), the court may consider the defendant’s prior convictions in determining sentencing based on a certified record of conviction without submitting the prior convictions to a jury. This paragraph does not apply to enhancements imposed on prior convictions. (4) At least four days prior to the time set for imposition of judgment, either party or the victim, or the family of the victim if the victim is deceased, may submit a statement in aggravation or mitigation to dispute facts in the record or the probation officer’s report or to present additional facts. The court may consider the record in the case, the probation officer’s report, other reports, including reports received pursuant to Section 1203.03, and statements in aggravation or mitigation submitted by the prosecution, the defendant, or the victim, or the family of the victim if the victim is deceased, and any further evidence introduced at the sentencing hearing. (5) The court shall set forth on the record the facts and reasons for choosing the sentence imposed. The court may not impose an upper term by using the fact of any enhancement upon which sentence is imposed under any provision of law. A term of imprisonment shall not be specified if imposition of sentence is suspended. (6) Notwithstanding paragraph (1), and unless the court finds that the aggravating circumstances outweigh the mitigating circumstances that imposition of the lower term would be contrary to the interests of justice, the court shall order imposition of the lower term if any of the following was a contributing factor in the commission of the offense: (A) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. (B) The person is a youth or was a youth as defined under subdivision (b) of Section 1016.7 at the time of the commission of the offense. (C) Prior to the instant offense, or at the time of the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking. (7) Paragraph (6) does not preclude the court from imposing the lower term even if there is no evidence of those circumstances listed in paragraph (6) present. (c) The court shall state the reasons for its sentence choice on the record at the time of sentencing. The court shall also inform the defendant that as part of the sentence after expiration of the term they may be on parole for a period as provided in Section 3000 or 3000.08 or postrelease community supervision for a period as provided in Section 3451. (d) (1) (A) When a defendant who was under 1 [Text truncated for display. Full text available on Congress.gov.]