CA AB2438

Amends Penal Code Section 1170 to require felony sentences exceeding 6 years total imprisonment to be served in state prison rather than county jail

Currently, felony sentences are served in county jail unless the defendant has a serious/violent felony conviction, a qualifying out-of-state felony, is a registered sex offender, or has a criminal enterprise enhancement

Adds a new fifth criterion requiring state prison incarceration when the total term exceeds 6 years, regardless of offense type

Requires a majority vote to pass and triggers fiscal committee review, but does not include an appropriation or create a local program mandate

Introduced by Assembly Member Johnson on February 20, 2026