AMENDED IN ASSEMBLY MAY 18, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

98

Introduced by Assembly Member Elhawary

February 9, 2026

An act to add and repeal Section 5068.3 to of the Penal Code, relating to prisons.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires the Secretary of the Department of Corrections and Rehabilitation to evaluate a person who is newly committed to a state prison and classify incarcerated persons based on the evaluations, and, when reasonable, assign or reassign an incarcerated person to the institution of the appropriate security level and gender population nearest the incarcerated person’s home, unless other classification factors make that placement unreasonable.

This bill would require the department to contract with an independent research entity to conduct a study to reassess the entire security classification system, as specified. The bill would require the study to contain policy recommendations to enhance the effectiveness of the classification system, as specified. The bill would require the Office of the Inspector General to select the selected research entity to perform the study according to specified criteria, including, among others, that the entity has research institutions based in the California State University or the University of California is governed by the University of California Board of Regents and has demonstrated expertise on Department of Corrections and Rehabilitation policy and data. The bill would require the report to be published on or before January 1, 2028. 2030, and would repeal the provisions as of January 1, 2031.

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) The purpose of the security housing classification system at the Department of Corrections and Rehabilitation facilities is to ensure that people are housed in settings that accurately reflect their risk of violence.

(b) Higher security facilities within the department significantly restrict incarcerated people’s access to rehabilitative programming, thereby making it more difficult for those individuals to rehabilitate, heal, make amends, and successfully reenter their communities.

(c) According to a 2019 study by the Legislative Analyst’s Office (LAO), the department’s security classification system may be assigning incarcerated people to more restrictive environments than necessary to ensure safe facilities. Furthermore, the LAO found that the security classification methodology was modified without reassessing its accuracy and that the methodology for recalculating scores annually has never been evaluated.

(d) Because the Legislature has declared in Section 1170 of the Penal Code that the purpose of imprisonment is rehabilitation and successful community reintegration, security classification decisions should not limit access to rehabilitative programming beyond what is necessary to ensure public safety within department facilities.

SEC. 2.

Section 5068.3 is added to the Penal Code, to read:

5068.3.

(a) The department shall contract with an independent research entity to conduct a study to reassess the entire current security classification system to ensure that classification decisions reflect actual safety risk and do not hold incarcerated people in higher-level facilities than necessary. The study shall include at least all of the following:

(1) Initial classification.

(2) Annual classification and reclassification.

(3) The methodology used for annual reclassification point adjustments and the use of administrative determinants and overrides at department facilities.

(b) The study shall contain policy recommendations to enhance the effectiveness of the classification system. The research entity’s recommendations for a new classification system shall achieve all of the following objectives:

(1) Expand access to rehabilitation, reducing both recidivism and violence.

(2) Ensure that incarcerated people are not held at higher levels of security than necessary.

(3) Improve institutional safety by accurately identifying who poses a higher risk of violence.

(4) Save the state money by ensuring incarcerated people can earn programming credits that reduce sentence length.

(c) The research entity selected to perform the study shall be selected by the Office of the Inspector General and adhere to all of the following criteria:

(2) The entity has Have a history of partnering with government agencies.

(3) The entity has Have a commitment to equity in their work and impacts.

(4) The entity has demonstrated expertise on Department of Corrections and Rehabilitation policy and data.

(d) (1) On or before January 1, 2028, 2030, the department shall publish on its internet website and submit to the Legislature a report on the findings and recommendations of the study.

(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(3) This section shall remain in effect only until January 1, 2029, 2031, and as of that date is repealed.