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 3329 - Extraordinary Circumstances
Universal Citation: 15 CA Code of Regs 3329
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Extraordinary circumstances are significant factors which aggravate the seriousness of a rule violation. A finding of factors in aggravation shall be cause to postpone restoration for one additional disciplinary-free period.
(b) Extraordinary circumstances include:
(1) The victim was
particularly vulnerable.
(2)
Multiple victims were involved.
(3)
The incarcerated person induced others to participate in the act or occupied a
position of leadership or dominance over the other participants.
(4) The incarcerated person threatened
witnesses, prevented or dissuaded witnesses from testifying, induced others to
perjure themselves or in any way interfered in the investigation or
adjudication of the act.
(5) The
incarcerated person's misconduct included other acts which could have resulted
in the forfeiture of additional credits.
(6) The plan, sophistication, or
professionalism with which the act was carried out, or other facts indicating
premeditation.
(7) The incarcerated
person involved non-incarcerated persons in the act.
(8) The act involved a large quantity of
contraband.
(9) The incarcerated
person took advantage of a position of trust or confidence.
(10) The incarcerated person engaged in a
pattern of violent conduct.
(11)
The incarcerated person's record documents numerous acts of and/or increasingly
serious misconduct.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 4573.6 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 4573.6 and 5054, Penal Code.
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