Prisoners: credits reducing period of confinement: rape of an unconscious person.

Existing law proscribes the crime of rape, including the rape of an unconscious person and the rape of the unconscious spouse of the perpetrator. The punishment for the crime of rape is generally imprisonment in the state prison for 3, 6, or 8 years, except as specified. Existing law provides that it is the intent of the Legislature that persons sentenced to prison for a determinate sentence serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation, as specified. Existing law generally authorizes a prisoner to earn one day of credit for each day in custody, up to a maximum of 6 months for every 6 months served, except as otherwise provided. Under existing law, for each 4-day period in which a prisoner is confined in or committed to a county jail, industrial farm, or road camp, up to 2 days may be deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned or the prisoner has not satisfactorily complied with the reasonable rules and regulations. This bill would make a person who has been convicted of raping an unconscious person, or of raping his or her unconscious spouse, ineligible to receive a reduction in the time served or a deduction from his or her period of confinement pursuant to those provisions. This bill would declare that it is to take effect immediately as an urgency statute.