Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
The award of Good Conduct Credit requires that an incarcerated person comply
with Departmental regulations and local rules of the prison and perform the
duties assigned on a regular and satisfactory basis.
(b) Notwithstanding any other authority to
award or limit credit, effective May 1, 2017, the award of Good Conduct Credit
shall advance an incarcerated person's release date if sentenced to a
determinate term 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
pursuant to the following schedule.
(1) No
credit shall be awarded to an incarcerated person sentenced to death or a term
of life without the possibility of parole.
(2) The following Good Conduct Credit rate
shall be awarded to an incarcerated person serving a determinate or
indeterminate term for a violent felony as defined in subdivision (c) of
section
667.5 of the
Penal Code, unless the incarcerated person qualifies under paragraph (4)(B) of
this section or is statutorily eligible for greater credit pursuant to this
article or the provisions of Article 2.5 (commencing with section
2930) of
Chapter 7 of Title 1 of Part 3 of the Penal Code:
(A) One day of credit for every four days of
incarceration (Credit rate of 20%), beginning May 1, 2017 through April 30,
2021; and then
(B) One day of
credit for every two days of incarceration (Credit rate of 33.3%), beginning
May 1, 2021.
(C) One day of credit
for every day of incarceration (Credit rate of 50%) for Work Group F.
(3) The following Good Conduct
Credit rate shall be awarded to an incarcerated person sentenced under the
Three Strikes Law, under subdivision (c) of section
1170.12 of the
Penal Code, or under subdivision (c) or (e) of section
667 of the
Penal Code, who is not serving a term for a violent felony as defined in
subdivision (c) of section
667.5 of the
Penal Code unless the incarcerated person is serving a determinate sentence and
qualifies under paragraph (5)(B) of this section:
(A) One day of credit for every two days of
incarceration (Credit rate of 33.3%), beginning May 1, 2017 through April 30,
2021; and then
(B) One day of
credit for every day of incarceration (Credit rate of 50%), beginning May 1,
2021.
(4) One day of
credit for every day of incarceration (Credit rate of 50%) shall be awarded to:
(A) An incarcerated person not otherwise
identified in paragraphs (1)-(3) above.
(B) An incarcerated person serving a
determinate term for a violent felony as defined in subdivision (c) of section
667.5 of the
Penal Code who has successfully completed the requisite physical fitness
training and firefighting training to be assigned as a firefighter to a
Department of Forestry and Fire Protection fire camp or as a firefighter at a
Department of Corrections and Rehabilitation firehouse; or
(C) An incarcerated person serving a
determinate term for a violent felony as defined in subdivision (c) of section
667.5 of the
Penal Code who is housed at a Department of Forestry and Fire Protection fire
camp in a role other than firefighter.
(5) Two days of credit for every one day of
incarceration (credit rate of 66.6%) shall be awarded to:
(A) An incarcerated person eligible to earn
day-for-day credit (50%) pursuant to paragraph (4)(A) above who is assigned to
Minimum A Custody or Minimum B Custody pursuant to section
3377.1; or
(B) An incarcerated person eligible to earn
50% pursuant to paragraph (3)(B) above who is assigned to Minimum A Custody or
Minimum B Custody pursuant to section
3377.1.
(C) An incarcerated person serving a
determinate sentence, who is not serving a term for a violent felony as defined
in subdivision (c) of section
667.5 of the
Penal Code, who has successfully completed the requisite physical fitness
training and firefighting training to be assigned as a firefighter to a
Department of Forestry and Fire Protection fire camp or as a firefighter at a
Department of Corrections and Rehabilitation firehouse; or
(D) An incarcerated person serving a
determinate sentence, who is not serving a term for a violent felony as defined
in subdivision (c) of section
667.5 of the
Penal Code, who is housed at a Department of Forestry and Fire Protection fire
camp in a role other than firefighter.
(c) For purposes of placement in an
alternative custody setting the department shall consider the Good Conduct
Credit that may be earned during the incarcerated person's incarceration. An
incarcerated person who is placed in an alternative custody setting, including
a pre-parole or re-entry program, shall be awarded the same Good Conduct Credit
that the incarcerated person earned prior to that placement with the exception
of Work Group F. Incarcerated persons shall be assigned to Work Group F for at
least 12 cumulative months in order to maintain Work Group F Good Conduct
Credit earning prior to placement in an alternative custody setting.
(d) Credit Forfeiture and Restoration. Good
Conduct Credit shall be forfeited in whole-day increments upon placement in a
zero-credit work group pursuant to subsection
3044(b)(4) or
3044(b)(6) or a
finding of guilt of a serious rule violation in accordance with section
3323. Forfeited credit under this
section shall be restored if the disciplinary action is reversed pursuant to an
administrative appeal or court of law. Forfeited credit may also be restored in
accordance with Article 5.5 of Subchapter 4 of Chapter 1 of Division 3 of Title
15 of the California Code of Regulations.
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
667,
667.5,
1170.2,
2930 and
3041, 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
667,
667.5,
1170.2,
2930 and
3041, Penal
Code.
