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 3043.4 - Rehabilitative Achievement Credit

Universal Citation: 15 CA Code of Regs 3043.4

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

(a) The award of Rehabilitative Achievement Credit requires verified attendance and satisfactory participation in approved group or individual activities which promote the educational, behavioral, or rehabilitative development of an incarcerated person. To qualify for credit under this section, the purpose, expected benefit, program materials, and membership criteria of each proposed activity, as well as any affiliations with organizations or individuals outside of the department, must be pre-approved by the institution. The meeting frequency and location of each activity shall only be approved under safe and secure conditions. Incarcerated person participation in such activities shall be consistent with their custodial classification, work group assignment, privilege group, and other safety and security considerations.

(b) Notwithstanding any other authority to award or limit credit, effective August 1, 2017, all incarcerated persons eligible for Good Conduct Credit pursuant to section 3043.2 shall be eligible for Rehabilitative Achievement Credit pursuant to this section. The award of Rehabilitative Achievement Credit shall advance an incarcerated person's release date if sentenced to a determinate term subject to subdivision (c) of section 3043 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.

(c) Standard Award Increments.

(1) The following Standard Award Increment took effect on August 1, 2017. Rehabilitative Achievement Credit shall be awarded in the following increments: one week of credit for every 52 hours of participation in approved rehabilitative activities up to a maximum of four weeks of credit for 208 hours of participation in a twelve-month period.

(2) The following Standard Award Increment shall commence on May 1, 2019 and supersede the Standard Award Increment in subsection (c)(1). Rehabilitative Achievement Credit shall be awarded in the following increments: 10 calendar days of credit for every 52 hours of participation in approved rehabilitative activities up to a maximum of 40 calendar days of credit for 208 hours of participation in a twelve-month period.

(d) Modified Award Increments.

(1) The following Modified Award Increment took effect on August 1, 2017. Rehabilitative Achievement Credit shall be awarded to incarcerated persons placed in an alternative custody setting prior to parole, including a pre-parole or re-entry program, in the following increments: one week of credit for every three months of participation up to a maximum of four weeks of credit in a twelve-month period.

(2) The following Modified Award Increment shall commence on May 1, 2019 and supersede the Modified Award Increment in subsection (d)(1). Rehabilitative Achievement Credit shall be awarded to incarcerated persons placed in an alternative custody setting prior to parole, including a pre-parole or re-entry program, in the following increments: 10 calendar days of credit for every three months of participation up to a maximum of 40 calendar days of credit in a twelve-month period.

(e) Award of Excess Credit.

(1) Rehabilitative Achievement Credit earned prior to May 1, 2019, in excess of the four-week limit identified in subsections (c)(1) and (d)(1) during a single year (which shall commence after the incarcerated person earns their first week of such credit and each year thereafter) shall be awarded to the incarcerated person pursuant to subsection 3043.4(e)(2). Upon release to parole, release to community supervision, or discharge from parole, any excess credit under this section shall be deemed void. One week is equivalent to seven calendar days.

(2) Commencing May 1, 2019, Rehabilitative Achievement Credit earned in excess of 40 calendar days in a twelve-month period, as identified in subsections (c)(2) and (d)(2), shall be awarded to the incarcerated person on their next credit anniversary, defined as one year after the incarcerated person earns their first Rehabilitative Achievement Credit, and each year thereafter. Upon release to parole, discharge including discharge to community supervision and discharge based on a court order, any excess credit under this section shall be deemed void. If instead an incarcerated person finishes serving one term and immediately begins serving a consecutive term, any excess credit awarded under this section shall be applied to that consecutive term.

(f) Under the direction of the Secretary and in conjunction with the Director of the Division of Adult Institutions, every Warden shall periodically (but no less than once per year) issue a separate local rule in compliance with subdivision (c) of section 5058 of the Penal Code for each particular prison or other correctional facility identifying the Rehabilitative Achievement Credit activities which comply with subsection (a) and are approved at that location.

(g) Within ten business days of completing 52 hours of approved activity under this section, staff designated by the Warden at each institution shall verify the incarcerated person's completion of the hours necessary for this credit, confirm the incarcerated person's eligibility to receive this credit, and ensure the credit is awarded to the incarcerated person in the department's information technology system.

(h) For purposes of placement in an alternative custody setting the department shall consider the Rehabilitative Achievement Credit that may be earned during the incarcerated person's incarceration.

(i) Credit Forfeiture and Restoration. Rehabilitative Achievement Credit shall be forfeited in whole-day increments upon a finding of guilt of a serious rule violation in accordance with section 3323, only after all Good Conduct Credit is exhausted. Forfeited credit under this section shall be restored if the disciplinary action is reversed pursuant to an administrative appeal or court of law. Retroactive to August 1, 2017, 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 Section 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 Section 3041, Penal Code.

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