2007 California Penal Code Article 2.5. Credit On Term Of Imprisonment

CA Codes (pen:2930-2935)

2930.  (a) The Department of Corrections shall inform every prisoner
sentenced under Section 1170, for a crime committed prior to January
1, 1983, not later than 14 days after reception in prison, of all
applicable prison rules and regulations including the possibility of
receiving a one-third reduction of the sentence for good behavior and
participation.  Within 14 days of the prisoner's arrival at the
institution to which the prisoner is ultimately assigned by the
Department of Corrections, the prisoner shall be informed of the
range of programs offered by that institution and their availability
at that institution.  The prisoner's central file shall reflect
compliance with the provisions of this section not later than 90 days
after reception in prison.
   (b) The department shall, within 90 days after July 1, 1977,
inform every prisoner who committed a felony before July 1, 1977, and
who would have been sentenced under Section 1170 if the felony had
been committed after July 1, 1977, of all applicable prison rules and
regulations, which have not previously been provided, of the range
of programs offered and their availability, and the possibility of
receiving a reduction for good behavior and participation of
one-third of the prisoner's remaining sentence after July 1, 1977.
The prisoner's central file shall reflect compliance with the
provisions of this section.



2931.  (a) In any case in which a prisoner was sentenced to the
state prison pursuant to Section 1170, or if he committed a felony
before July 1, 1977, and he would have been sentenced under Section
1170 if the felony had been committed after July 1, 1977, the
Department of Corrections shall have the authority to reduce the term
prescribed under such section by one-third for good behavior and
participation consistent with subdivision (d) of Section 1170.2.  A
document shall be signed by a prison official and given to the
prisoner, at the time of compliance with Section 2930, outlining the
conditions which the prisoner shall meet to receive the credit.  The
conditions specified in such document may be modified upon any of the
following:
   (1) Mutual consent of the prisoner and the Department of
Corrections.
   (2) The transfer of the prisoner from one institution to another.

   (3) The department's determination of the prisoner's lack of
adaptability or success in a specific program or assignment.  In such
case the prisoner shall be entitled to a hearing regarding the
department's decision.
   (4) A change in custodial status.
   (b) Total possible good behavior and participation credit shall
result in a four-month reduction for each eight months served in
prison or in a reduction based on this ratio for any lesser period of
time.  Three months of this four-month reduction, or a reduction
based on this ratio for any lesser period, shall be based upon
forbearance from any act for which the prisoner could be prosecuted
in a court of law, either as a misdemeanor or a felony, or any act of
misconduct described as a serious disciplinary infraction by the
Department of Corrections.
   (c) One month of this four-month reduction, or a reduction based
on this ratio for a lesser period, shall be based solely upon
participation in work, educational, vocational, therapeutic or other
prison activities.  Failure to succeed after demonstrating a
reasonable effort in the specified activity shall not result in loss
of participation credit.  Failure to participate in the specified
activities can result in a maximum loss of credit of 30 days for each
failure to participate.  However, those confined for other than
behavior problems shall be given specified activities commensurate
with the custodial status.
   (d) This section shall not apply to any person whose crime was
committed on or after January 1, 1983.



2932.  (a) (1) For any time credit accumulated pursuant to Section
2931 or to  Section 2933, not more than 360 days of credit may be
denied or lost for a single act of murder, attempted murder,
solicitation of murder, manslaughter, rape, sodomy, or oral
copulation accomplished against the victim's will, attempted rape,
attempted sodomy, or attempted oral copulation accomplished against
the victim's will, assault or battery causing serious bodily injury,
assault with a deadly weapon or caustic substance, taking of a
hostage, escape with force or violence, or possession or manufacture
of a deadly weapon or explosive device, whether or not prosecution is
undertaken for purposes of this paragraph.  Solicitation of murder
shall be proved by the testimony of two witnesses, or of one witness
and corroborating circumstances.
   (2) Not more than 180 days of credit may be denied or lost for a
single act of misconduct, except as specified in paragraph (1), which
could be prosecuted as a felony whether or not prosecution is
undertaken.
   (3) Not more than 90 days of credit may be denied or lost for a
single act of misconduct which could be prosecuted as a misdemeanor,
whether or not prosecution is undertaken.
   (4) Not more than 30 days of credit may be denied or lost for a
single act of misconduct defined by regulation as a serious
disciplinary offense by the Department of Corrections.  Any person
confined due to a change in custodial classification following the
commission of any serious disciplinary infraction shall, in addition
to any loss of time credits, be ineligible to receive participation
or worktime credit for a period not to exceed the number of days of
credit which have been lost for the act of misconduct or 180 days,
whichever is less.  Any person confined in a secure housing unit for
having committed any misconduct specified in paragraph (1) in which
great bodily injury is inflicted upon a nonprisoner shall, in
addition to any loss of time credits, be ineligible to receive
participation or worktime credit for a period not to exceed the
number of days of credit which have been lost for that act of
misconduct, or for the period that the prisoner is confined in a
secure housing unit, whichever is less. In unusual cases, an inmate
may be denied the opportunity to participate in a credit qualifying
assignment for up to six months beyond the period specified in this
subdivision if the Director of Corrections finds, after a hearing,
that no credit qualifying program may be assigned to the inmate
without creating a substantial risk  of physical harm to staff or
other inmates.  At the end of the six-month period and of successive
six-month periods, the denial of the opportunity to participate in a
credit qualifying assignment may be renewed upon a hearing and
finding by the director.
   The prisoner may appeal the decision through the department's
review procedure, which shall include a review by an individual
independent of the institution who has supervisorial authority over
the institution.
   (b) For any credit accumulated pursuant to Section 2931, not more
than 30 days of participation credit may be denied or lost for a
single failure or refusal to participate.  Any act of misconduct
described by the Department of Corrections as a serious disciplinary
infraction if committed while participating in work, educational,
vocational, therapeutic, or other prison activity shall be deemed a
failure to participate.
   (c) Any procedure not provided for by this section, but necessary
to carry out the purposes of this section, shall be those procedures
provided for by the Department of Corrections for serious
disciplinary infractions if those procedures are not in conflict with
this section.
   (1) (A) The Department of Corrections shall, using reasonable
diligence to investigate, provide written notice to the prisoner.
The written notice shall be given within 15 days after the discovery
of information leading to charges that may result in a possible
denial of credit, except that if the prisoner has escaped, the notice
shall be given within 15 days of the prisoner's return to the
custody of the Director of Corrections. The written notice shall
include the specific charge, the date, the time, the place that the
alleged misbehavior took place, the evidence relied upon, a written
explanation of the procedures that will be employed at the
proceedings and the prisoner's rights at the hearing.  The hearing
shall be conducted by an individual who shall be independent of the
case and shall take place within 30 days of the written notice.
   (B) The Department of Corrections may delay written notice beyond
15 days when all of the following factors are true:
   (i) An act of misconduct is involved which could be prosecuted as
murder, attempted murder, or assault on a prison employee, whether or
not prosecution is undertaken.
   (ii) Further investigation is being undertaken for the purpose of
identifying other prisoners involved in the misconduct.
   (iii) Within 15 days after the discovery of information leading to
charges that may result in a possible denial of credit, the
investigating officer makes a written request to delay notifying that
prisoner and states the reasons for the delay.
   (iv) The warden of the institution approves of the delay in
writing.
   The period of delay under this paragraph shall not exceed 30 days.
  The prisoner's hearing shall take place within 30 days of the
written notice.
   (2) The prisoner may elect to be assigned an employee to assist in
the investigation, preparation, or presentation of a defense at the
disciplinary hearing if it is determined by the department that:  (i)
the prisoner is illiterate; or (ii) the complexity of the issues or
the prisoner's confinement status makes it unlikely that the prisoner
can collect and present the evidence necessary for an adequate
comprehension of the case.
   (3) The prisoner may request witnesses to attend the hearing and
they shall be called unless the person conducting the hearing has
specific reasons to deny this request.  The specific reasons shall be
set forth in writing and a copy of the document shall be presented
to the prisoner.
   (4) The prisoner has the right, under the direction of the person
conducting the hearing, to question all witnesses.
   (5) At the conclusion of the hearing the charge shall be dismissed
if the facts do not support the charge, or the prisoner may be found
guilty on the basis of a preponderance of the evidence.
   (d) If found guilty the prisoner shall be advised in writing of
the guilty finding and the specific evidence relied upon to reach
this conclusion and the amount of time-credit loss.  The prisoner may
appeal the decision through the Department of Corrections' review
procedure, and may, upon final notification of appeal denial, within
15 days of the notification demand review of the department's denial
of credit to the Board of Prison Terms, and the board may affirm,
reverse, or modify the department's decision or grant a hearing
before the board at which hearing the prisoner shall have the rights
specified in Section 3041.5.
   (e) Each prisoner subject to Section 2931 shall be notified of the
total amount of good behavior and participation credit which may be
credited pursuant to Section 2931, and his or her anticipated
time-credit release date.  The prisoner shall be notified of any
change in the anticipated release date due to denial or loss of
credits, award of worktime credit, under Section 2933, or the
restoration of any credits previously forfeited.
   (f) If the conduct the prisoner is charged with also constitutes a
crime, the Department of Corrections may refer the case to criminal
authorities for possible prosecution.  The department shall notify
the prisoner, who may request postponement of the disciplinary
proceedings pending the referral.
   The prisoner may revoke his or her request for postponement of the
disciplinary proceedings up until the filing of the accusatory
pleading.  In the event of the revocation of the request for
postponement of the proceeding, the department shall hold the hearing
within 30 days of the revocation.
   Notwithstanding the notification requirements in this paragraph
and subparagraphs (A) and (B) of paragraph (1) of subdivision (c), in
the event the case is referred to criminal authorities for
prosecution and the authority requests that the prisoner not be
notified so as to protect the confidentiality of its investigation,
no notice to the prisoner shall be required until an accusatory
pleading is filed with the court, or the authority notifies the
warden, in writing, that it will not prosecute or it authorizes the
notification of the prisoner.  The notice exceptions provided for in
this paragraph shall only apply if the criminal authority requests of
the warden, in writing, and within the 15 days provided in
subparagraph (A) of paragraph (1) of subdivision (c), that the
prisoner not be notified.  Any period of delay of notice to the
prisoner shall not exceed 30 days beyond the 15 days referred to in
subdivision (c).  In the event that no prosecution is undertaken, the
procedures in subdivision (c) shall apply, and the time periods set
forth in that subdivision shall commence to run from the date the
warden is notified in writing of the decision not to prosecute.  In
the event the authority either cancels its requests that the prisoner
not be notified before it makes a decision on prosecution or files
an accusatory pleading, the provisions of this paragraph shall apply
as if no request had been received, beginning from the date of the
cancellation or filing.
   In the case where the prisoner is prosecuted by the district
attorney, the Department of Corrections shall not deny time credit
where the prisoner is found not guilty and may deny credit if the
prisoner is found guilty, in which case the procedures in subdivision
(c) shall not apply.
   (g) If time credit denial proceedings or criminal prosecution
prohibit the release of a prisoner who would have otherwise been
released, and the prisoner is found not guilty of the alleged
misconduct, the amount of time spent incarcerated, in excess of what
the period of incarceration would have been absent the alleged
misbehavior, shall be deducted from the prisoner's parole period.
   (h) Nothing in the amendments to this section made at the 1981-82
Regular Session of the Legislature shall affect the granting or
revocation of credits attributable to that portion of the prisoner's
sentence served prior to January 1, 1983.



2932.5.  A prisoner who is found by a trial court to be a vexatious
litigant as defined by Section 391 of the Code of Civil Procedure,
shall be denied or lose 30 days of work time credit awarded under
Section 2933.


2933.  (a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison under Section
1170 serve the entire sentence imposed by the court, except for a
reduction in the time served in the custody of the Director of
Corrections for performance in work, training or education programs
established by the Director of Corrections.  Worktime credits shall
apply for performance in work assignments and performance in
elementary, high school, or vocational education programs.
Enrollment in a two- or four-year college program leading to a degree
shall result in the application of time credits equal to that
provided in Section 2931.  For every six months of full-time
performance in a credit qualifying program, as designated by the
director, a prisoner shall be awarded worktime credit reductions from
his or her term of confinement of six months.  A lesser amount of
credit based on this ratio shall be awarded for any lesser period of
continuous performance.  Less than maximum credit should be awarded
pursuant to regulations adopted by the director for prisoners not
assigned to a full-time credit qualifying program.  Every prisoner
who refuses to accept a full-time credit qualifying assignment or who
is denied the opportunity to earn worktime credits pursuant to
subdivision (a) of Section 2932 shall be awarded no worktime credit
reduction.  Every prisoner who voluntarily accepts a half-time credit
qualifying assignment in lieu of a full-time assignment shall be
awarded worktime credit reductions from his or her term of
confinement of three months for each six-month period of continued
performance.  Except as provided in subdivision (a) of Section 2932,
every prisoner willing to participate in a full-time credit
qualifying assignment but who is either not assigned to a full-time
assignment or is assigned to a program for less than full time, shall
receive no less credit than is provided under Section 2931.  Under
no circumstances shall any prisoner receive more than six months'
credit reduction for any six-month period under this section.
   (b) Worktime credit is a privilege, not a right.  Worktime credit
must be earned and may be forfeited pursuant to the provisions of
Section 2932.  The application of credit to reduce the sentence of a
prisoner who committed a crime on or after January 1, 1997, is
subject to the provisions of Section 3067.  Except as provided in
subdivision (a) of Section 2932, every prisoner shall have a
reasonable opportunity to participate in a full-time credit
qualifying assignment in a manner consistent with institutional
security and available resources.
   (c) Under regulations adopted by the Department of Corrections,
which shall require a period of not more than one year free of
disciplinary infractions, worktime credit which has been previously
forfeited may be restored by the director.  The regulations shall
provide for separate classifications of serious disciplinary
infractions as they relate to restoration of credits, the time period
required before forfeited credits or a portion thereof may be
restored, and the percentage of forfeited credits that may be
restored for these time periods.  For credits forfeited for
commission of a felony specified in paragraph (1) of subdivision (a)
of Section 2932, the Department of Corrections may provide that up to
180 days of lost credit shall not be restored and up to 90 days of
credit shall not be restored for a forfeiture resulting from
conspiracy or attempts to commit one of those acts.  No credits may
be restored if they were forfeited for a serious disciplinary
infraction in which the victim died or was permanently disabled.
Upon application of the prisoner and following completion of the
required time period free of disciplinary offenses, forfeited credits
eligible for restoration under the regulations for disciplinary
offenses other than serious disciplinary infractions punishable by a
credit loss of more than 90 days shall be restored unless, at a
hearing, it is found that the prisoner refused to accept or failed to
perform in a credit qualifying assignment, or extraordinary
circumstances are present that require that credits not be restored.
"Extraordinary circumstances" shall be defined in the regulations
adopted by the director.  However, in any case in which worktime
credit was forfeited for a serious disciplinary infraction punishable
by a credit loss of more than 90 days, restoration of credit shall
be at the discretion of the director.
   The prisoner may appeal the finding through the Department of
Corrections review procedure, which shall include a review by an
individual independent of the institution who has supervisorial
authority over the institution.
   (d) The provisions of subdivision (c) shall also apply in cases of
credit forfeited under Section 2931 for offenses and serious
disciplinary infractions occurring on or after January 1, 1983.




2933.1.  (a) Notwithstanding any other law, any person who is
convicted of a felony offense listed in subdivision (c) of Section
667.5 shall accrue no more than 15 percent of worktime credit, as
defined in Section 2933.
   (b) The 15-percent limitation provided in subdivision (a) shall
apply whether the defendant is sentenced under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2 or sentenced
under some other law.  However, nothing in subdivision (a) shall
affect the requirement of any statute that the defendant serve a
specified period of time prior to minimum parole eligibility, nor
shall any offender otherwise statutorily ineligible for credit be
eligible for credit pursuant to this section.
   (c) Notwithstanding Section 4019 or any other provision of law,
the maximum credit that may be earned against a period of confinement
in, or commitment to, a county jail, industrial farm, or road camp,
or a city jail, industrial farm, or road camp, following arrest and
prior to placement in the custody of the Director of Corrections,
shall not exceed 15 percent of the actual period of confinement for
any person specified in subdivision (a).
   (d) This section shall only apply to offenses listed in
subdivision (a) that are committed on or after the date on which this
section becomes operative.



2933.2.  (a) Notwithstanding Section 2933.1 or any other law, any
person who is convicted of murder, as defined in Section 187, shall
not accrue any credit, as specified in Section 2933.
   (b) The limitation provided in subdivision (a) shall apply whether
the defendant is sentenced under Chapter 4.5 (commencing with
Section 1170) of Title 7 of Part 2 or sentenced under some other law.

   (c) Notwithstanding Section 4019 or any other provision of law, no
credit pursuant to Section 4019 may be earned against a period of
confinement in, or commitment to, a county jail, industrial farm, or
road camp, or a city jail, industrial farm, or road camp, following
arrest for any person specified in subdivision (a).
   (d) This section shall only apply to murder that is committed on
or after the date on which this section becomes operative.



2933.3.  Notwithstanding any other provision of law, any inmate
assigned to a conservation camp by the Department of Corrections who
is eligible to earn one day of worktime credit for every one day of
service pursuant to Section 2933 shall instead earn two days of
worktime credit for every one day of service.  This enhanced worktime
credit shall only apply to service performed after January 1, 2003.




2933.4.  (a) Notwithstanding any other provision of law, any inmate
under the custody of the Department of Corrections and Rehabilitation
who is not currently serving and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a sex
offender pursuant to Section 290, who has successfully completed an
inprison drug treatment program, upon release from state prison,
shall, whenever possible, be entered into a 150-day residential
aftercare drug treatment program sanctioned by the department.
   (b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
   (c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.



2933.5.  (a) (1) Notwithstanding any other provision of law, every
person who is convicted of any felony offense listed in paragraph
(2), and who previously has been convicted two or more times, on
charges separately brought and tried, and who previously has served
two or more separate prior prison terms, as defined in subdivision
(g) of Section 667.5, of any offense or offenses listed in paragraph
(2), shall be ineligible to earn credit on his or her term of
imprisonment pursuant to this chapter.
   (2) As used in this subdivision, "felony offense" includes any of
the following:
   (A) Murder, as defined in Sections 187 and 189.
   (B) Voluntary manslaughter, as defined in subdivision (a) of
Section 192.
   (C) Mayhem as defined in Section 203.
   (D) Aggravated mayhem, as defined in Section 205.
   (E) Kidnapping, as defined in Section 207, 209, or 209.5.
   (F) Assault with vitriol, corrosive acid, or caustic chemical of
any nature, as described in Section 244.
   (G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (H) Sodomy by means of force, violence, duress, menace or fear of
immediate and unlawful bodily injury on the victim or another person,
as described in subdivision (c) of Section 286.
   (I) Sodomy while voluntarily acting in concert, as described in
subdivision (d) of Section 286.
   (J) Lewd or lascivious acts on a child under the age of 14 years,
as described in subdivision (b) of Section 288.
   (K) Oral copulation by means of force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person, as described in subdivision (c) of Section 288a.
   (L) Continuous sexual abuse of a child, as described in Section
288.5.
   (M) Sexual penetration, as described in subdivision (a) of Section
289.
   (N) Exploding a destructive device or explosive with intent to
injure, as described in Section 12303.3, with intent to murder, as
described in Section 12308, or resulting in great bodily injury or
mayhem, as described in Section 12309.
   (O) Any felony in which the defendant personally inflicted great
bodily injury, as provided in Section 12022.53 or 12022.7.
   (b) A prior conviction of an offense listed in subdivision (a)
shall include a conviction in another jurisdiction for an offense
which includes all of the elements of the particular felony as
defined under California law.
   (c) This section shall apply whenever the present felony is
committed on or after the effective date of this section, regardless
of the date of commission of the prior offense or offenses resulting
in credit-earning ineligibility.
   (d) This section shall be in addition to, and shall not preclude
the imposition of, any applicable sentence enhancement terms, or
probation ineligibility and habitual offender provisions authorized
under any other section.


2933.6.  (a) Notwithstanding any other law, a person who is placed
in a Security Housing Unit or an Administrative Segregation Unit for
misconduct described in subdivision (b) is ineligible to earn work
credits or good behavior credits during the time he or she is in the
Security Housing Unit or the Administrative Segregation Unit for that
misconduct.
   (b) This section applies to the following offenses:
   (1) Murder, attempted murder, and solicitation of murder.  For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
   (2) Manslaughter.
   (3) Assault or battery causing serious bodily injury.
   (4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
   (5) Assault with a deadly weapon or caustic substance.
   (6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
   (7) Taking a hostage.
   (8) Escape or attempted escape with force or violence.
   (9) Escape from any departmental prison or institution other than
a camp or reentry facility.
   (10) Possession or manufacture of a deadly weapon or explosive
device.
   (11) Arson involving damage to a structure.
   (12) Possession of flammable, explosive material with intent to
burn any structure or property.
   (13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.
   (14) Intentional destruction of state property in excess of four
hundred dollars (0) during a riot or disturbance.
   (c) This section does not apply if the administrative finding of
the misconduct is overturned or if the person is criminally
prosecuted for the misconduct and is found not guilty.



2934.  Under rules prescribed by the Director of Corrections, a
prisoner subject to the provisions of Section 2931 may waive the
right to receive time credits as provided in Section 2931 and be
subject to the provisions of Section 2933.  In order to exercise a
waiver under this section, a prisoner must apply in writing to the
Department of Corrections.  A prisoner exercising a waiver under this
section shall retain only that portion of good behavior and
participation credits, which have not been forfeited pursuant to
Section 2932, attributable to the portion of the sentence served by
the prisoner prior to the effective date of the waiver.  A waiver
under this section shall, if accepted by the department, become
effective at a time to be determined by the Director of the
Department of Corrections.



2935.  Under the guidelines prescribed by the rules and regulations
of the director, the Director of Corrections may grant up to 12
additional months of reduction of the sentence to a prisoner who has
performed a heroic act in a life-threatening situation, or who has
provided exceptional assistance in maintaining the safety and
security of a prison.