California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Article 3.3 - Credits
Section 3043 - Credit Earning

Universal Citation: 15 CA Code of Regs 3043

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) General. Incarcerated persons are expected to work or participate in rehabilitative programs and activities to prepare for their eventual return to society. Incarcerated persons who comply with the regulations and rules of the Department and perform the duties assigned to them shall be eligible to earn Good Conduct Credit as set forth in section 3043.2 of this article. Unless otherwise precluded by this article, all incarcerated persons who participate in approved rehabilitative programs and activities, including incarcerated persons housed in restricted housing units or in other restricted housing, shall be eligible to earn Milestone Completion Credit, Rehabilitative Achievement Credit, and Educational Merit Credit as set forth in sections 3043.3, 3043.4, and 3043.5 of this article. The award of these credits, as well as Extraordinary Conduct Credit as set forth in section 3043.6 of this article, shall advance an incarcerated person's release date if sentenced to a determinate term subject to subsection (c) of this section, or advance an incarcerated person's initial parole hearing date pursuant to subdivision (a)(2) of section 3041 of the Penal Code if sentenced to an indeterminate term with the possibility of parole. Incarcerated persons who do not comply with the regulations and rules of the Department or who do not perform the duties assigned to them shall be subject to credit forfeiture as provided in this article.

(b) Incarcerated Person Participation in Credit Earning Programs and Activities. All eligible incarcerated persons shall have a reasonable opportunity to earn Good Conduct Credit, Milestone Completion Credit, Rehabilitative Achievement Credit, and Educational Merit Credit in a manner consistent with the availability of staff, space, and resources, as well as the unique safety and security considerations of each prison. No credit shall be awarded for incomplete, partial, or unsatisfactory participation in the credit earning programs or activities described in this article, nor shall credit be awarded for diplomas, degrees, or certificates that cannot be verified after due diligence by Department staff.

(c) Release Date Restriction.

(1) The following Release Date Restriction took effect on April 13, 2017. Under no circumstance shall a determinately sentenced incarcerated person be awarded credit or have credit restored by the Department which advances their release to a date less than 60 calendar days from the date the award or restoration of such credit is entered into the Department's information technology system, except pursuant to a court order.

(2) The following Release Date Restriction shall commence on May 1, 2019 and supersede the Release Date Restriction in subsection (c)(1). Under no circumstance shall a determinately sentenced incarcerated person be awarded credit or have credit restored by the Department which advances their release to a date less than 15 calendar days from the date the award or restoration of such credit is entered into the Department's information technology system, except pursuant to a court order. This restriction shall instead be 45 calendar days for all incarcerated persons convicted of an offense identified in section 3058.9 of the Penal Code, and 60 calendar days for all incarcerated persons serving a term for a violent felony, defined in subdivision (c) of section 667.5 of the Penal Code, as stated in section 3058.6 of the Penal Code, except pursuant to a court order.

(d) Participation by Incarcerated Persons Sentenced as Adults and Placed In an Alternative Custody Setting. Incarcerated persons sentenced as adults and placed in an alternative custody setting prior to parole, including a pre-parole or re-entry program, are eligible to earn Good Conduct Credit and participate in programs to earn Milestone Completion Credit, Rehabilitative Achievement Credit, Educational Merit Credit, and Extraordinary Conduct Credit. Placement in an alternative custody setting means transfer of an incarcerated person, prior to parole, to serve the remainder of their term of incarceration in a community based re-entry facility administered by the Department in lieu of confinement in a state prison or Department of Forestry and Fire Protection fire camp. For purposes of calculating when an Incarcerated person's period of incarceration will be completed pursuant to subdivision (c)(3) of section 1731.5 and subdivision (b) of section 1731.7 of the Welfare and Institutions Code, commencing January 1, 2019, the Department shall consider the Good Conduct Credit, Milestone Completion Credit, and Rehabilitative Achievement Credit that may be earned during the incarcerated person's incarceration.

(e) Participation by Incarcerated Persons Housed In A Different Jurisdiction. Incarcerated persons serving criminal sentences under California law but housed in a different jurisdiction, including those participating in the Western Interstate Corrections Compact, participating in the Interstate Corrections Compact Agreement, housed in a facility administered by a county sheriff, housed in a facility administered by the California Department of State Hospitals, or housed in a facility administered by the Federal Bureau of Prisons, are only eligible to participate in Good Conduct Credit, Educational Merit Credit, and Extraordinary Conduct Credit as described in this article, subject to the criteria set forth in subsection (b).

(f) The award of Educational Merit Credits as set forth in section 3043.5, shall also advance an incarcerated person's Youth Parole Eligible Date as specified in subsection 3043.5(g). Good Conduct Credit, Milestone Completion Credit, Rehabilitative Achievement Credit, and Extraordinary Conduct Credit as set forth in sections 3043.2, 3043.3, 3043.4, and 3043.6 of this article shall not advance an incarcerated person's Youth Parole Eligible Date.

Note: Authority cited: Cal. Const., article I, section 32(b); and Sections 5054 and 5058, Penal Code. Reference: Cal. Const., article I, section 32(a)(2); and Sections 3041, 3051, 3058.6 and 3058.9, Penal Code.

Note: Authority cited: Cal. Const., art. 1, sec 32(b); and Sections 5054 and 5058, Penal Code. Reference: Cal. Const., art. 1, sec. 32(a)(2); and Sections 3041, 3051, 3058.6 and 3058.9, Penal Code.

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