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 6.8 - Community Based Programs
Section 3078.1 - Alternative Custody Program and Enhanced Alternative Custody Program General Policy

Universal Citation: 15 CA Code of Regs 3078.1

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

(a) An Alternative Custody Program (ACP) is a voluntary alternative custody program that allows eligible inmates to serve their sentence in the community in lieu of confinement in state prison.

(1) An ACP participant's confinement in the community shall consist of restriction to one of the following:
(A) A residential home during the hours designated by the department, or

(B) A transitional care facility that offers appropriate services during the hours designated by the department, or

(C) A residential drug or treatment program during the hours designated by the department.

(b) An Enhanced Alternative Custody Program (EACP) is a voluntary alternative custody program that allows eligible inmates to serve the remainder of their sentence in a community facility administered by the Division of Rehabilitative Programs in lieu of confinement in a state prison.

(1) An EACP participant's confinement in the community shall consist of restriction to one of the following:
(A) A Male Community Reentry Program (MCRP) during the hours designated by the department, or

(B) A Female Community Reentry Program (FCRP) during the hours designated by the department, or

(C) A Community Participant Mother Program (CPMP) during the hours designated by the department.

(c) One day of participation in the ACP or EACP shall be in lieu of one day of incarceration in state prison. Participants in the program shall receive any sentence reduction credits they would have received pursuant to section 3043 had they served their sentence in state prison and shall be subject to denial and loss of credit pursuant to Penal Code section 2932(a).

(d) The Secretary or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison.

(e) Inmates released for placement in the ACP or EACP shall be subject to applicable rules and regulations governing inmates pursuant to the California Code of Regulations, Title 15, Division 3.

Note: Authority cited: Sections 3414, 5058, 5058.3, 6252 and 1170.05, Penal Code. Reference: Sections 1170.05, 5054 and 6253, Penal Code; and Sassman v. Brown (E.D. Cal. 2015) 99 F.Supp.3d 1223.

Note: Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code; and Sassman v. Brown (E.D. Cal. 2015) 99 F.Supp.3d 1223.

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