Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Forfeited credits shall at no time be restored as specified below:
(1) No credit shall be restored for any
serious disciplinary offense punishable by a credit loss of more than 90 days.
These offenses include Divisions A-1, A-2, B and C.
(2) No credit shall be restored if the
incarcerated person is found guilty of any subsequent rule violation that
occurred within the required disciplinary-free periods provided in Section
3328.
(3) No credit shall be restored if the
worktime credit denial or loss was ordered by court judgment unless the court
rescinds or overturns the order.
(4) No credit shall be restored for the
following disciplinary offenses:
(A) The
incarcerated person was found guilty of use of a controlled substance,
marijuana, or alcohol, based on a positive test result from a departmentally
approved testing method;
(B) The
incarcerated person was ordered to submit to a drug test pursuant to section
3290(c) and
refused the test;
(C) The
incarcerated person was found guilty of fermentation or distillation of
materials in a manner consistent with the production of alcohol in a prison or
community access facility;
(D) The
incarcerated person was found guilty of unauthorized possession of dangerous
contraband as defined in section
3000.
(5) No credit shall be restored pursuant to
subsections
3329.5(a)(1) and
3329.5(a)(2).
(b) Upon completion of a disciplinary-free
period for Division D, E, and F offenses as provided in section
3328, an eligible incarcerated
person may apply to their caseworker for credit restoration by submitting a CDC
Form 958 (Rev. 8/87), Application for Restoration of Credits. A restoration
hearing shall be conducted within 30 days of the incarcerated person's
application. The incarcerated person has a right to be present at the hearing
and to a written decision of the committee.
(1) A classification action resulting in
restoration of worktime credit shall be documented and forwarded to the
facility's case records staff for recalculation of the incarcerated person's
release date.
(2) When an
incarcerated person does not meet the criteria for a credit restoration
hearing, the caseworker shall note the reasons on the CDC Form 958 and return
it to the incarcerated person.
(c) Credit shall be restored at the
consideration hearing unless it is determined that the incarcerated person has,
since the disciplinary infraction leading to the credit forfeiture, refused or
failed to perform in a work, training, or educational assignment during the
required disciplinary-free period, or under extraordinary circumstances, as
described in section
3329.
(1) Credit shall not be restored in an amount
rendering the incarcerated person overdue for release.
(2) An incarcerated person who is a violent
offender as defined in Penal Code (PC) Section 667.5(c), or who is serving a
term upon conviction of child abuse pursuant to PC Sections 273a, 273ab, 273d,
or any sex offense identified in statutes as being perpetrated against a minor
victim, or who is an offender for whom such notification has been ordered by
any court shall not be eligible for credit restoration which would result in a
notification being provided to local law enforcement in less than 45 days prior
to the incarcerated person's scheduled release date.
(3) The incarcerated person shall be informed
at the hearing that case records staff shall determine the actual release date
which shall include a minimum of ten working days for release processing.
However, if the incarcerated person is a violent offender as defined in PC
Section 667.5(c) or is serving a term upon conviction of child abuse pursuant
to PC Section 273a, 273ab, 273d, or any sex offense identified in statutes as
being perpetrated against a minor victim, or for whom such notification has
been court ordered, the number of working days for release processing shall be
sufficient to ensure that local law enforcement officials will be notified of
the incarcerated person's release in not less than the 45-day time frame
required by law. A copy of the new legal status sheet reflecting the credit
restoration shall be provided to the incarcerated person.
(d) If less than 100 percent of restorable
credits forfeited are restored by the classification committee, the
incarcerated person may make additional applications for restoration upon
completion of additional disciplinary-free periods until all restorable credit
is restored or the incarcerated person is released from custody.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections 273a, 273ab, 273d, 667.5, 2932, 2932.5, 2933, 3058.6,
3058.9 and 5054, Penal Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
273a,
273ab,
273d,
667.5,
2932,
2932.5,
2933,
3058.6,
3058.9 and
5054, Penal
Code.
