Cal. Code Regs. tit. 15 § 3043

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 3043 - Credit Earning

(a) General. Incarcerated persons are expected to work or participate in rehabilitative programs and activities to prepare for their eventual return to society. Incarcerated persons who comply with the regulations and rules of the Department and perform the duties assigned to them shall be eligible to earn Good Conduct Credit as set forth in section 3043.2 of this article. Unless otherwise precluded by this article, all incarcerated persons who participate in approved rehabilitative programs and activities, including incarcerated persons housed in restricted housing units or in other restricted housing, shall be eligible to earn Milestone Completion Credit, Rehabilitative Achievement Credit, and Educational Merit Credit as set forth in sections 3043.3, 3043.4, and 3043.5 of this article. The award of these credits, as well as Extraordinary Conduct Credit as set forth in section 3043.6 of this article, shall advance an incarcerated person's release date if sentenced to a determinate term subject to subsection (c) of this section, or advance an incarcerated person's initial parole hearing date pursuant to subdivision (a)(2) of section 3041 of the Penal Code if sentenced to an indeterminate term with the possibility of parole. Incarcerated persons who do not comply with the regulations and rules of the Department or who do not perform the duties assigned to them shall be subject to credit forfeiture as provided in this article.

(b) Incarcerated Person Participation in Credit Earning Programs and Activities. All eligible incarcerated persons shall have a reasonable opportunity to earn Good Conduct Credit, Milestone Completion Credit, Rehabilitative Achievement Credit, and Educational Merit Credit in a manner consistent with the availability of staff, space, and resources, as well as the unique safety and security considerations of each prison. No credit shall be awarded for incomplete, partial, or unsatisfactory participation in the credit earning programs or activities described in this article, nor shall credit be awarded for diplomas, degrees, or certificates that cannot be verified after due diligence by Department staff.

(c) Release Date Restriction.

(1) The following Release Date Restriction took effect on April 13, 2017. Under no circumstance shall a determinately sentenced incarcerated person be awarded credit or have credit restored by the Department which advances their release to a date less than 60 calendar days from the date the award or restoration of such credit is entered into the Department's information technology system, except pursuant to a court order.

(2) The following Release Date Restriction shall commence on May 1, 2019 and supersede the Release Date Restriction in subsection (c)(1). Under no circumstance shall a determinately sentenced incarcerated person be awarded credit or have credit restored by the Department which advances their release to a date less than 15 calendar days from the date the award or restoration of such credit is entered into the Department's information technology system, except pursuant to a court order. This restriction shall instead be 45 calendar days for all incarcerated persons convicted of an offense identified in section 3058.9 of the Penal Code, and 60 calendar days for all incarcerated persons serving a term for a violent felony, defined in subdivision (c) of section 667.5 of the Penal Code, as stated in section 3058.6 of the Penal Code, except pursuant to a court order.

(d) Participation by Incarcerated Persons Sentenced as Adults and Placed In an Alternative Custody Setting. Incarcerated persons sentenced as adults and placed in an alternative custody setting prior to parole, including a pre-parole or re-entry program, are eligible to earn Good Conduct Credit and participate in programs to earn Milestone Completion Credit, Rehabilitative Achievement Credit, Educational Merit Credit, and Extraordinary Conduct Credit. Placement in an alternative custody setting means transfer of an incarcerated person, prior to parole, to serve the remainder of their term of incarceration in a community based re-entry facility administered by the Department in lieu of confinement in a state prison or Department of Forestry and Fire Protection fire camp. For purposes of calculating when an Incarcerated person's period of incarceration will be completed pursuant to subdivision (c)(3) of section 1731.5 and subdivision (b) of section 1731.7 of the Welfare and Institutions Code, commencing January 1, 2019, the Department shall consider the Good Conduct Credit, Milestone Completion Credit, and Rehabilitative Achievement Credit that may be earned during the incarcerated person's incarceration.

(e) Participation by Incarcerated Persons Housed In A Different Jurisdiction. Incarcerated persons serving criminal sentences under California law but housed in a different jurisdiction, including those participating in the Western Interstate Corrections Compact, participating in the Interstate Corrections Compact Agreement, housed in a facility administered by a county sheriff, housed in a facility administered by the California Department of State Hospitals, or housed in a facility administered by the Federal Bureau of Prisons, are only eligible to participate in Good Conduct Credit, Educational Merit Credit, and Extraordinary Conduct Credit as described in this article, subject to the criteria set forth in subsection (b).

(f) The award of Educational Merit Credits as set forth in section 3043.5, shall also advance an incarcerated person's Youth Parole Eligible Date as specified in subsection 3043.5(g). Good Conduct Credit, Milestone Completion Credit, Rehabilitative Achievement Credit, and Extraordinary Conduct Credit as set forth in sections 3043.2, 3043.3, 3043.4, and 3043.6 of this article shall not advance an incarcerated person's Youth Parole Eligible Date.

Cal. Code Regs. Tit. 15, § 3043

Note: Authority cited: Cal. Const., article I, section 32(b); and Sections 5054 and 5058, Penal Code. Reference: Cal. Const., article I, section 32(a)(2); and Sections 3041, 3051, 3058.6 and 3058.9, Penal Code.

Note: Authority cited: Cal. Const., art. 1, sec 32(b); and Sections 5054 and 5058, Penal Code. Reference: Cal. Const., art. 1, sec. 32(a)(2); and Sections 3041, 3051, 3058.6 and 3058.9, Penal Code.

1. Change without regulatory effect amending subsections (a) , (c) (1) and N OTE pursuant to section 100, title 1, California Code of Regulations filed 12-28-89 (Register 90, No. 1). For prior history, see Register 88, No. 50.
2. Amendment of subsection (c) and redesignated subsection (e), new subsection (d) and subsection renumbering filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of printing errors (Register 92, No. 4).
4. Certificate of Compliance as to 12-20-91 order including amendment of subsection (d)(2) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
5. Editorial correction of subsection (c)(2)(A) (Register 95, No. 42).
6. New subsections (c)(1)-(3) and subsection renumbering, and amendment of Note filed 2-20-96 as an emergency; operative 2-20-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 7-29-96 pursuant to Penal Code Section 5058(e) or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-20-96 order transmitted to OAL 6-17-96 and filed 7-23-96 (Register 96, No. 30).
8. Amendment of subsections (a)(1), (c)(4), (c)(5), (c)(5)(B), (d)(1), (g) and (g)(1) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
9. Amendment filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
11. Amendment of subsections (c)(2), (c)(4) and (c)(7)(A)-(C) and amendment of Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
12. New subsections (c)(1)(A)-(B) and amendment of subsection (c)(6) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51).
13. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
14. Amendment of subsections (c)(2), (c)(4) and (c)(7)(A)-(C) and amendment of Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
16. Amendment of subsections (c)(2), (c)(4) and (c)(7)(A)-(C) and amendment of Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 9-13-2012 order transmitted to OAL 1-11-2013 and filed 2-25-2013 (Register 2013, No. 9).
18. Amendment of subsections (c)(4) and (c)(6) and new subsection (i) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsections (c)(4)-(6) filed 5-12-2014 as an emergency; operative 5-12-2014 (Register 2014, No. 20). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-20-2014 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 10-29-2013 order, including amendment of subsection (c)(4), transmitted to OAL 4-4-2014 and filed 5-14-2014; amendments effective 5-14-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 20).
21. Certificate of Compliance as to 5-12-2014 order transmitted to OAL 8-21-2014 and effective 9/17/2014 (Register 2014, No. 38).
22. Change without regulatory effect amending subsections (c)(1) and (c)(2), repealing subsection (c)(3), renumbering subsections and amending Note filed 4-22-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 17).
23. Amendment of subsection (c)(5) filed 7-31-2015; operative 7/31/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 31).
24. Repealer and new section filed 4-13-2017 as an emergency; operative 4-13-2017 (Register 2017, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-20-2017 or emergency language will be repealed by operation of law on the following day.
25. Repealer and new section refiled 9-19-2017 as an emergency; operative 9-21-2017 (Register 2017, No. 38). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-20-2017 or emergency language will be repealed by operation of law on the following day.
26. Repealer and new section refiled 12-18-2017 as an emergency; operative 12-21-2017 (Register 2017, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency language will be repealed by operation of law on the following day.
27. Certificate of Compliance as to 12-18-2017 order, including amendment of subsections (a)-(c), repealer and new subsection (d) and new subsection (e), transmitted to OAL 3-20-2018 and filed 5-1-2018; amendments operative 5/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 18).
28. Amendment of subsection (c), new subsections (c)(1)-(2), amendment of subsections (d)-(e) and amendment of Note filed 1-9-2019 as an emergency; operative 1/9/2019 (Register 2019, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2019 or emergency language will be repealed by operation of law on the following day.
29. Editorial correction of History 28 (Register 2019, No. 25).
30. Amendment of subsection (a), new subsections (a)(1)-(2), amendment of subsection (c), new subsections (c)(1)-(2), amendment of subsections (d)-(e) and amendment of Note refiled 6-17-2019 as an emergency; operative 6/19/2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-17-2019 or emergency language will be repealed by operation of law on the following day.
31. Certificate of Compliance as to 6-17-2019 order, including amendment of subsection (a), repealer of subsections (a)(1)-(2) and amendment of Note, transmitted to OAL 9-13-2019 and filed 10-24-2019; amendments effective 10/24/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 43).
32. Amendment filed 4-28-2021 as an emergency; operative 5/1/2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-7-2022 or emergency language will be repealed by operation of law on the following day.
33. Editorial correction of History 32 (Register 2021, No. 36).
34. New subsection (f) filed 12-13-2021 as an emergency; operative 1/1/2022 (Register 2021, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2022 or emergency language will be repealed by operation of law on the following day.
35. Amendment of section, including further amendment of subsections (a), (b), (c)(2) and (d), refiled 12-28-2021 as an emergency; operative 12/28/2021 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
36. Amendment refiled 3-28-2022 as an emergency; operative 3/29/2022 pursuant to Government Code section 11346.1(d) (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
37. New subsection (f) refiled 5-24-2022 as an emergency; operative 6/11/2022 (Register 2022, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-9-2022 or emergency language will be repealed by operation of law on the following day.
38. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8/8/2022 (Register 2022, No. 32).
39. Certificate of Compliance as to 5-24-2022 order, including further amendment of subsection (f), transmitted to OAL 8-31-2022 and filed 10-13-2022; amendments effective 10/13/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 41).
40. Change without regulatory effect amending subsection (d) filed 9-8-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 36).
41. Amendment of subsection (a) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
42. Amendment of subsection (a) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
43. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
44. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (a), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).