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
Subchapter 4 - General Institution Regulations
Article 5.5 - Restoration of Forfeited Credits
Section 3328 - Disciplinary-Free Periods

Universal Citation: 15 CA Code of Regs 3328

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

(a) A disciplinary-free period shall commence immediately following the date and time an incarcerated person is identified (date of discovery of information leading to the charge) as committing a rules violation.

(b) An incarcerated person may apply for restoration of 100 percent of any credit forfeited for a Division "D" or "E" offense, not identified in section 3327, after remaining disciplinary free for 180 days.

(1) If less than 180 days remain before the incarcerated person's established release date, a one-time application may be made within 90 days of the established release date when the incarcerated person has remained disciplinary free for a minimum of 60 days.

(2) Violent offenders as defined in PC Section 667.5(c) and offenders 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 for whom such notification has been ordered by any court, shall be eligible for the one-time credit restoration application only if local law enforcement officials can be notified of the incarcerated person's release in not less than the 45-day time frame required by law.

(c) An incarcerated person may apply for restoration of 100 percent of any credit forfeited for a Division "F" offense, not identified in section 3327, after remaining disciplinary free for 90 days.

(1) If less than 90 days remain before the incarcerated person's established release date, a one-time application may be made within 60 days of the established release date when the incarcerated person has remained disciplinary free for a minimum of 30 days.

(2) Violent offenders as defined in PC Section 667.5(c) and offenders 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 for whom such notification has been ordered by any court, shall be eligible for the one-time credit restoration application only if local law enforcement officials can be notified of the incarcerated person's release in not less than the 45-day time frame required by law.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5(c), 2932, 2933, 3058.6, 3058.9 and 5054, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5(c), 2932, 2933, 3058.6, 3058.9 and 5054, Penal Code.

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