Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Terms of incarceration, credit, and release dates shall be analyzed, processed,
and calculated by case records staff based upon information provided by the
court, custody staff, and program staff. All documents received from the court
shall be reviewed by case records staff and if any apparent sentencing
discrepancies are found, case records staff shall refer them to the court for
resolution. No more than 30 days after case records staff complete the
computation of a term or credit, case records staff shall send notification to
the affected incarcerated person of their release date and any subsequent
change to their release date.
(b)
Authority.
(1) The length of an incarcerated
person's term is governed by the laws applicable on the date the incarcerated
person's crime is committed.
(2)
The credit to be applied to an incarcerated person's term is governed by
Section 32 of Article 1 of the California Constitution, and the regulations
promulgated pursuant there to.
(c) Definitions.
(1) Credit.
(A) Pre-Sentence Credit. Pre-sentence credit
is the credit granted by the sentencing court for time served up to and
including the sentencing date pursuant to sections
2900.1,
2900.5,
2933.1, and
4019 of the
Penal Code. Any credit granted by the sentencing court for time served after
the date the incarcerated person is received into the jurisdiction of the
department shall not be applied but instead shall be awarded by the department
pursuant to this chapter.
(B)
Post-Sentence Credit. Post-sentence credit is the credit awarded by the
department for actual days served in county jail between the date of the
incarcerated person's sentencing and the date the incarcerated person is
received into the jurisdiction of the department.
(C) Vested credit. Vested credit is the Good
Conduct Credit awarded by the department pursuant to section
3043.2 of this title based on the
number of actual days served in county jail between the date of the
incarcerated person's sentencing and the date the incarcerated person is
received into the jurisdiction of the department. Vested credit shall not be
forfeited.
(2) Dead time.
Dead time is the length of time an incarcerated person is out of custody due to
being at-large while on escape status, at-large while absconded on parole,
released on bail, released on own recognizance, released on bond pending
appeal, or prematurely released. Dead time shall not be included in any
determination of credit.
(3)
Release Date.
(A) Earliest Possible Release
Date. The Earliest Possible Release Date is the earliest date an incarcerated
person serving a determinate term may be released from one single or aggregated
term. The Earliest Possible Release Date is a fluid date as credit may be
earned and forfeited throughout the incarcerated person's
incarceration.
(B) Maximum Release
Date. The maximum release date is the date an incarcerated person shall be
released from one single or aggregate term if they serve the full-term imposed
by a court of law, taking into consideration the (1) pre-sentence credit; (2)
post-sentence credit; (3) vested credit; (4) administrative credit; and (5)
dead time. Each aggregate term or fully consecutive term of incarceration will
have its own Maximum Release Date.
(4) Terms of Incarceration.
(A) A term of incarceration is the period of
time imposed by the court for a single offense.
(B) An aggregate term of incarceration is the
sum of the following:
1. the principal
term;
2. any subordinate
term;
3. any additional term
imposed for applicable enhancements, including enhancements for prior
convictions, prior prison terms, and section
12022.1 of the
Penal Code;
4. any term or
enhancement that is stayed; and
5.
any term or enhancement where the punishment is stricken.
(C) A fully consecutive term of incarceration
begins when the incarcerated person would have otherwise been released from
prison.
(d)
Administrative Credit. Credit shall be applied administratively to an
incarcerated persons term, if not awarded by the sentencing court, pursuant to
Penal Code sections
2900.1 and
2931, as well
as the following:
(1) A commitment received
on or after September 15, 1965, where the incarcerated person served time for
diagnostic observation pursuant to section
1203.03 of the
Penal Code;
(2) Time served in the
Division of Juvenile Justice on the same offense for which they were committed
to the department pursuant to section
1782
of the Welfare and Institutions Code; and
(3) Time served in the Department of State
Hospitals on the same offense for which they were committed to the
department.
(e) Sentences
Deemed Served.
(1) Notwithstanding subsection
3043(c) of this
division, if the application of pre-sentence credit, post-sentence credit,
vested credit, and administrative credit results in a determination that the
incarcerated person's sentence was served in full prior to their arrival in
prison, they shall be released no later than ten business days after their
arrival in prison.
(2)
Notwithstanding subsection
3043(c) of this
division, if an abstract of judgment, amended abstract of judgment, or other
court order is received for an incarcerated person who has been incarcerated by
the department for at least five business days and it is determined that the
incarcerated person is immediately eligible for release or eligible for release
within the following five business days, they shall be released no later than
five business days after receipt of the abstract of judgment, amended abstract
of judgment, or court order.
(3)
Notwithstanding subsection
3043(c) of this
division, if notification is received from the Board of Parole Hearings to
release an incarcerated person granted parole pursuant to sections
3041 or
3051 of the
Penal Code or section
3055 of the
Penal Code beginning January 1, 2018, they shall be released no later than five
business days after receipt of the notification.
(f) What Constitutes a "Day."
(1) In general, an incarcerated person must
serve a full 24-hour period to receive credit for that day.
(2) The day an incarcerated person is
received in prison shall be counted as a full day regardless of the actual time
of day they are received.
(3) The
day an incarcerated person is paroled or discharged shall be counted as the
first full day of parole supervision or post-release community supervision, if
applicable, regardless of the actual time of day they are paroled or
discharged.
(g)
Consecutive, Concurrent, or Stayed Violent Felonies.
(1) If a single sentencing court or separate
sentencing courts impose an aggregate term of incarceration as defined in
subsection (c)(4)(B) of this section and at least one conviction or enhancement
is listed in subdivision (c) of section
667.5 of the
Penal Code, then all convictions and enhancements shall be considered violent
for the purpose of Good Conduct Credit.
(2) While an incarcerated person is serving a
term for a violent offense as defined in subdivision (c) of section
667.5 of the
Penal Code concurrently with a term for a non-violent offense, Good Conduct
Credit shall be determined based on the violent offense. Upon completion of the
term for a violent offense, Good Conduct Credit shall be determined based on
the remaining non-violent offense.
(h) Striking the Strike Allegation. When
allegations pursuant to section 1170.12 or subdivisions (b) through (i) of
section
667 of the
Penal Code are stricken by the sentencing court in accordance with subdivisions
(a) or (c) of section
1385 of the
Penal Code, Good Conduct Credit will be applied based on the provisions found
in section
3043.2(b)(4) of
this title.
Note: Authority cited: Cal. Const., art. 1, sec. 32(b),
Sections
2930,
2931,
2932,
2932.5,
2933,
2933.05,
2933.1,
2933.2,
2933.3,
2933.5,
2933.6,
2934,
2935 and
5058, Penal
Code. Reference: Sections
667,
667.5,
1168,
1170,
1170.1,
1170.12,
1192.7,
1203,
2900,
2900.1,
2900.5 and
5054, Penal
Code; Section
1782,
Welfare and Institutions Code; In re Thomas (1982) 132 Cal.App.3d. 779; People
v. Ramos (1996) 50 Cal.App.4th 810; In re Pope (2010) 50 Cal.4th 777; In re
Pacheco (2007) 155 Cal.App.4th 1439; In re Reeves (2005) 35 Cal.4th 765; and
People v. Sengdara (Super. Ct. Orange County, 2016, No. M-16673XA).
Note: Authority cited: Cal. Const., art. 1, sec. 32(b),
Sections
2930,
2931,
2932,
2932.5,
2933,
2933.05,
2933.1,
2933.2,
2933.3,
2933.5,
2933.6,
2934,
2935 and
5058, Penal
Code. Reference: Sections
667,
667.5,
1168,
1170,
1170.1,
1170.12,
1192.7,
1203,
2900,
2900.1,
2900.5 and
5054, Penal
Code; Section
1782,
Welfare and Institutions Code; In re Thomas (1982) 132 Cal.App.3d. 779; People
v. Ramos (1996) 50 Cal.App.4th 810; In re Pope (2010) 50 Cal.4th 777; In re
Pacheco (2007) 155 Cal.App.4th 1439; In re Reeves (2005) 35 Cal.4th 765; and
People v. Sengdara (Super. Ct. Orange County, 2016, No. M-16673XA).
