2009 California Penal Code - Section 2930-2935 :: Article 2.5. Credit On Term Of Imprisonment

PENAL CODE
SECTION 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. 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 Secretary of the
Department of Corrections and Rehabilitation pursuant to this section
and Section 2933.05.
   (b) For every six months of continuous incarceration, a prisoner
shall be awarded 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
incarceration. Credit should be awarded pursuant to regulations
adopted by the secretary. Prisoners who are denied the opportunity to
earn credits pursuant to subdivision (a) of Section 2932 shall be
awarded no credit reduction pursuant to this section. Under no
circumstances shall any prisoner receive more than six months' credit
reduction for any six-month period under this section.
   (c) Credit is a privilege, not a right. Credit must be earned and
may be forfeited pursuant to the provisions of Section 2932. Except
as provided in subdivision (a) of Section 2932, every eligible
prisoner shall have a reasonable opportunity to participate.
   (d) Under regulations adopted by the Department of Corrections and
Rehabilitation, which shall require a period of not more than one
year free of disciplinary infractions, credit which has been
previously forfeited may be restored by the secretary. 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 as
specified in paragraph (1) of subdivision (a) of Section 2932, the
Department of Corrections and Rehabilitation 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 secretary. However, in any case in which 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 secretary.
   The prisoner may appeal the finding through the Department of
Corrections and Rehabilitation's review procedure, which shall
include a review by an individual independent of the institution who
has supervisorial authority over the institution.
   (e) A prisoner sentenced to the state prison under Section 1170
shall receive one day of credit for every day served in a county
jail, city jail, industrial farm, or road camp after the date he or
she was sentenced to the state prison as specified in subdivision (f)
of Section 4019.
   (f) The provisions of subdivision (d) shall also apply in cases of
credit forfeited under Section 2931 for offenses and serious
disciplinary infractions occurring on or after January 1, 1983.

2933.05.  (a) In addition to any credit awarded pursuant to Section
2933, the department may also award a prisoner program credit
reductions from his or her term of confinement as provided in this
section. Within 90 days of the enactment of this section, the
secretary shall promulgate regulations that provide for credit
reductions for inmates who successfully complete specific program
performance objectives for approved rehabilitative programming
ranging from credit reduction of not less than one week to credit
reduction of no more than six weeks for each performance milestone.
Regulations promulgated pursuant to this subdivision shall specify
the credit reductions applicable to distinct objectives in a schedule
of graduated program performance objectives concluding with the
successful completion of an in-prison rehabilitation program.
Commencing upon the promulgation of those regulations, the department
shall thereafter calculate and award credit reductions authorized by
this section. However, a prisoner may not have his or her term of
imprisonment reduced more than six weeks for credits awarded pursuant
to this section during any 12-month period of continuous
confinement.
   (b) Program credit is a privilege, not a right. Prisoners shall
have a reasonable opportunity to participate in program credit
qualifying assignments in a manner consistent with institutional
security and available resources. Assignments made to program credit
qualifying programs shall be made in accordance with the prisoner's
case plan, when available.
   (c) As used in this section, "approved rehabilitation programming"
shall include, but is not limited to, academic programs, vocational
programs, vocational training, and core programs such as anger
management and social life skills, and substance abuse programs.
   (d) Credits awarded pursuant to this section may be forfeited
pursuant to the provisions of Section 2932. Inmates shall not be
eligible for program credits that result in an inmate overdue for
release.
   (e) The following prisoners shall not be eligible for program
credits pursuant to this section:
   (1) Any person serving a term of imprisonment for an offense
specified in subdivision (c) of Section 667.5.
   (2) Any person sentenced to state prison pursuant to Section
1170.12 or subdivisions (b) to (i), inclusive, of Section 667.
   (3) Any person required to register as a sex offender pursuant to
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
   (4) Any person serving a term of imprisonment as a result of a
violation of parole without a new term.

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 or Section
2933.05.
   (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.  (a) Notwithstanding any other law, any inmate assigned to a
conservation camp by the Department of Corrections and
Rehabilitation, who is eligible to earn one day of credit for every
one day of incarceration pursuant to Section 2933 shall instead earn
two days of credit for every one day of service. The enhanced credit
authorized pursuant to this subdivision shall only apply to those
prisoners eligible after January 1, 2003.
   (b) Notwithstanding any other law, any inmate who has completed
training for assignment to a conservation camp or to a correctional
institution as an inmate firefighter or who is assigned to a
correctional institution as an inmate firefighter and who is eligible
to earn one day of credit for every one day of incarceration
pursuant to Section 2933 shall instead earn two days of credit for
every one day served in that assignment or after completing that
training.
   (c) In addition to credits granted pursuant to subdivision (a) or
(b), inmates who have successfully completed training for firefighter
assignments shall receive a credit reduction from his or her term of
confinement pursuant to regulations adopted by the secretary.
   (d) The credits authorized in subdivisions (b) and (c) shall only
apply to inmates who are eligible after July 1, 2009.

2933.5.  (a) (1) Notwithstanding any other 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 article.
   (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, Psychiatric Services Unit, Behavioral
Management Unit, or an Administrative Segregation Unit for misconduct
described in subdivision (b) or upon validation as a prison gang
member or associate is ineligible to earn credits pursuant to Section
2933 or 2933.05 during the time he or she is in the Security Housing
Unit, Psychiatric Services Unit, Behavioral Management 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 ($400) 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 Secretary of the Department of
Corrections and Rehabilitation, 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
Secretary of the Department of Corrections and Rehabilitation.

2935.  Under the guidelines prescribed by the rules and regulations
of the director, the Secretary of the Department of Corrections and
Rehabilitation 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.


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