Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Upon a finding of guilt of a serious rule violation, a credit forfeiture
against any determinate term of imprisonment or any minimum eligible parole
date for an incarcerated person sentenced to an indeterminate sentence, as
defined in section
3000 Indeterminate Sentence Law
(ISL), shall be assessed within the ranges specified in (b) through (h)
below:
(b) Division "A-1" offenses;
credit forfeiture of 181-360 days.
(1) Murder,
attempted murder, and solicitation of murder. Solicitation of murder shall be
proven by the testimony of two witnesses, or of one witness and corroborating
circumstances.
(2)
Manslaughter.
(3) Battery,
including sexual battery, causing serious injury.
(4) Assault or battery with a deadly weapon
or caustic substance.
(5) Rape,
attempted rape, sodomy, attempted sodomy, oral copulation, and attempted oral
copulation against the victim's will.
(6) Taking a hostage.
(7) Escape with force or violence.
(8) Possession, manufacture, or attempted
manufacture of a deadly weapon or explosive device.
(9) Solicitation to commit an offense listed
in subsections (b)(3), (b)(4) or (b)(5) above.
(10) Behavior or activities defined as a
division "A-1" offense that promotes, furthers, or assists a STG or
demonstrates a nexus to the STG.
(c) Division "A-2" offenses; credit
forfeiture of 151-180 days.
(1) Aggravated
battery on a non-incarcerated person by means of gassing.
(2) Arson involving damage to a structure or
causing serious injury.
(3) Battery
on a non-incarcerated person.
(4)
Destruction of state property in excess of $400 during a riot or
disturbance.
(5) Any other felony
involving violence or injury to a victim not specifically listed in this
schedule.
(6) Attempted escape with
force or violence.
(7) Introduction
or distribution of any controlled substance, as defined in section
3000, in an institution/facility
or contract health facility.
(8)
Extortion by means of force or threat.
(9) Conspiracy to commit any Division "A-1"
or "A-2" offense.
(10) Solicitation
to commit an offense listed in subsections (c)(2), (c)(4), or (c)(9)
above.
(11) Behavior or activity
defined as a division "A-2" offense that promotes, furthers, or assists an STG
or demonstrates a nexus to an STG.
(d) Division "B" Offenses; credit forfeiture
of 121-150 days.
(1) Battery on a peace
officer not involving the use of a weapon.
(2) Assault on a peace officer by any means
likely to cause great bodily injury.
(3) Battery on a non-prisoner.
(4) Threatening to kill or cause serious
bodily injury to a public official, their immediate family, their staff, or
their staff's immediate family.
(5)
Escape from any institution or community correctional facility other than a
camp or community-access facility.
(6) Theft, embezzlement, destruction, or
damage to another's personal property, state funds, or state property valued in
excess of $400.
(7) Unauthorized
possession of any controlled substance as defined in section
3000, including marijuana, in an
institution/facility or contract health facility.
(A) Progressive disciplinary credit
forfeiture for violations described in (7) above are as follows:
1. Credit forfeiture of 121-130 days for the
first offense.
2. Credit forfeiture
of 131-140 days for the second offense.
3. Credit forfeiture of 141-150 days for the
third offense.
(8) Sexual Activity in a visiting room
involving physical contact with a minor.
(9) Indecent Exposure with prior court
conviction under PC 314 or PC 288.
(10) Any felony not involving violence or the
use of a weapon not listed in this schedule.
(11) Conspiracy to commit any Division "B"
offense.
(12) Solicitation to
commit an offense as listed in subsections (d)(1) or (d)(2) above.
(13) Behavior or activities defined as a
division "B" offense that promotes, furthers, or assists a STG or demonstrates
a nexus to the STG.
(e)
Division "C" offenses; credit forfeiture of 91-120 days.
(1) Battery on an incarcerated person by
means of gassing.
(2) Escape
without force from a camp, community-access facility, or any Alternative
Custody Program placement, as provided in chapter 1, article 6.8.
(3) Attempted escape without force from an
institution or community correctional facility other than a camp or
community-access facility.
(4)
Furnishing equipment for or aiding and abetting an escape or escape
attempt.
(5) Attempted extortion by
means of threat.
(6)
Bribery.
(7) Arson.
(8) Forgery, falsification or alteration of
any official record or document prepared or maintained by the Department which
could affect a term of imprisonment.
(9) Possession of any narcotic, drug, or
controlled substance, as defined in section
3000, in a community-access
facility or any Alternative Custody Program placement.
(10) Unauthorized possession of drug
paraphernalia as defined in section
3000.
(11) The physical possession of alcohol in an
institution, facility, or contract health facility.
(12) Accessory to any felony
offense.
(13) Conspiracy to commit
any Division "C" offense.
(14)
Solicitation to commit an offense listed in subsections (e)(6), (e)(7), or
(e)(8) above.
(15) Behavior or
activity defined as a division "C" offense that promotes, furthers, or assists
an STG or demonstrates a nexus to an STG.
(f) Division "D" offenses; credit forfeiture
of 61-90 days.
(1) Being under the influence
of alcohol, any drug, controlled substance, or other intoxicant, as defined in
section 3000 and unable to exercise care
for personal safety or the safety of others.
(2) Participating in a riot, rout, or
unlawful assembly.
(3) Inciting a
riot.
(4) Indecent Exposure without
a prior court conviction under PC 314 or PC 288.
(5) Sexual Activity in a visiting room with
an adult.
(6) Willfully resisting,
delaying, or obstructing any peace officer in the performance of
duty.
(7) Late return from a
temporary community leave.
(8)
Assault or battery, including sexual assault or battery, on a incarcerated
person with no serious injury.
(9)
Fighting.
(10) Assault of a peace
officer by any means not likely to cause great bodily injury.
(11) Assault on a non-incarcerated
person.
(12) Conspiracy to commit
any Division "D" offense.
(13)
Solicitation to possess, distribute or introduce a controlled substance into an
institution, contract health facility, or any Alternative Custody Program
placement.
(14) Possession or
constructive possession of a wireless communication device, not expressly
authorized by the Secretary pursuant to subsection
3190(k)(8). Penal
Code section
4576(c)
provides that an incarcerated person found to be in possession of a wireless
communication device shall be subject to time credit denial or loss of up to 90
days. An incarcerated person in possession of a wireless communication device,
authorized by the Secretary, shall not receive any time credit denial or
loss.
(15) Acting in a STG
Leadership Role displaying behavior to organize and control other
offenders.
(16) Behavior or
activities defined as a division "D" offense that promotes, furthers, or
assists a STG or demonstrates a nexus to the STG.
(g) Division "E" offenses; credit forfeiture
of 31-60 days.
(1) Theft, embezzlement,
destruction, or damage to another's personal property, state funds or state
property valued at less than $400.
(2) Possession of alcoholic beverages or
intoxicating substances in a community-access facility under the jurisdiction
of CDCR.
(3) Consensual
participation in sodomy or oral copulation.
(4) Forgery or falsification or alteration of
any government document or record not affecting an incarcerated person's term
of imprisonment.
(5) Gambling in an
institution, community correctional facility, or camp other than a
community-access facility.
(6)
Refusal to provide blood specimens, a saliva sample, or palm and thumb print
impressions pursuant to Penal Code sections
295 through
300.3, after
receiving written notification in accordance with PC section 298.1 that they
must be provided.
(7) Sexual
Disorderly Conduct.
(8) Commission
of any misdemeanor offense not listed in this schedule.
(9) Conspiracy to commit any Division "E"
offense.
(10) Solicitation to
commit an offense listed in subsections (g)(4) or (g)(7) above.
(11) Behavior or activities defined as a
division "E" offense that promotes, furthers, or assists a STG or demonstrates
a nexus to the STG.
(h)
Division "F" offenses; credit forfeiture of 0-30 days.
(1) Gambling in a community-access facility
or any Alternative Custody Program placement.
(2) Late return to a community-access
facility or any Alternative Custody Program placement.
(3) Use of any controlled substance, as
identified in H&SC 11007, or alcohol based solely on a positive test result
from an approved departmental testing method.
(4) Misuse, alteration, unauthorized
acquisition, or exchange of personal property, state funds, or state
property.
(5) Refusing to provide a
urine specimen for the purpose of testing for the presence of controlled
substance(s) or alcohol.
(6) The
fermentation or distillation of materials in a manner consistent with the
production of alcohol.
(7)
Possession of dangerous contraband as identified in section
3000 excluding cell phones or
wireless communication devices capable of making or receiving wireless
communications.
(8) Unauthorized
possession or distribution of medication (not identified as a controlled
substance in section
3000).
(9) Work related offenses:
(A) Refusal to work or perform assigned
duties;
(B) Continued failure to
perform assigned work or participate in a work/training
program.
(10) Any other
serious rule violation meeting the criteria listed in section
3315, not a crime, and not
identified as administrative in section
3314.
(11) Harassment of another person, group, or
entity either directly or indirectly through the use of the mail, telephone, or
other means.
(12) Security Threat
Group Behavior or Activity.
(A)
Recording/documentation of conversations evidencing STG behavior;
(B) Communication between offenders/others in
support or furtherance of STG behavior or activities;
(C) Leading STG Roll Call;
(D) Directing Cadence for STG Group
Exercise;
(E) In personal
possession of STG related written material including membership or enemy list,
roll call lists, constitution, organizational structures, codes, training
material, etc.;
(F) In personal
possession of mail, notes, greeting cards, or other communications which
include coded or explicit messages evidencing STG behavior.
(13) Behavior or activities defined as a
division "F" offense that promotes, furthers, or assists a STG or demonstrates
a nexus to the STG.
(14) Possession
and/or constructive possession of a cellular telephone or wireless
communication device accessory and/or component including, but not limited to,
a subscriber identity module (SIM card), memory storage device, cellular phone
battery, wired or wireless headsets, and cellular phone
chargers.
(i) Nothing in
this section shall prevent the department from seeking criminal prosecution for
any conduct constituting a violation of the law or from imposing one or more of
the authorized punitive, preventative, or control measures described in these
regulations, in addition to forfeiture of credits.
(j) incarcerated persons shall be provided
written notice of any credit forfeited by disciplinary action, of anticipated
release date changes based on credit forfeiture set aside through the
departmental appeal process, or a Board of Parole Hearings review.
(k) If an incarcerated person is held beyond
an established parole date because of a disciplinary or prosecution action, the
number of days the incarcerated person is overdue when released shall be
deducted from their parole period when one or more of the following apply:
(1) The incarcerated person is found not
guilty of the charges.
(2) No
credit is forfeited as a result of the disciplinary hearing.
(3) An incarcerated person appeal results in
reduction of the credit forfeiture ordered in the disciplinary
hearing.
(4) A Board of Parole
Hearings review results in restoration of all or part of the credit forfeiture
ordered in the disciplinary hearing.
Note: Authority cited: Sections
5058,
5058.3 and
1170.05, Penal
Code. Reference: Sections
148,
241,
243,
295-
300.3,
314,
647,
1170.05,
2932,
2933,
4500,
4501,
4501.1,
4573.6,
4576,
4600,
5054 and
12020, Penal
Code.
Note: Authority cited: Sections
5058,
5058.3 and
1170.05, Penal
Code. Reference: Sections
148,
241,
243,
295-
300.3,
314,
647,
1170.05,
2932,
2933,
4500,
4501,
4501.1,
4573.6,
4576,
4600,
5054 and
12020, Penal
Code.
