1. (a) The award of Good Conduct Credit requires that an incarcerated person comply with Departmental regulations and local rules of the prison and perform the duties assigned on a regular and satisfactory basis.

2. (b) Notwithstanding any other authority to award or limit credit, effective May 1, 2017, the award of Good Conduct Credit shall advance an incarcerated person's release date if sentenced to a determinate term 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 pursuant to the following schedule.

   1. (1) No credit shall be awarded to an incarcerated person sentenced to death or a term of life without the possibility of parole.

   2. (2) The following Good Conduct Credit rate shall be awarded to an incarcerated person serving a determinate or indeterminate term for a violent felony as defined in subdivision (c) of section 667.5 of the Penal Code, unless the incarcerated person qualifies under paragraph (4)(B) of this section or is statutorily eligible for greater credit pursuant to this article or the provisions of Article 2.5 (commencing with section 2930) of Chapter 7 of Title 1 of Part 3 of the Penal Code:

      1. (A) One day of credit for every four days of incarceration (Credit rate of 20%), beginning May 1, 2017 through April 30, 2021; and then
      2. (B) One day of credit for every two days of incarceration (Credit rate of 33.3%), beginning May 1, 2021.
      3. (C) One day of credit for every day of incarceration (Credit rate of 50%) for Work Group F.

   3. (3) The following Good Conduct Credit rate shall be awarded to an incarcerated person sentenced under the Three Strikes Law, under subdivision (c) of section 1170.12 of the Penal Code, or under subdivision (c) or (e) of section 667 of the Penal Code, who is not serving a term for a violent felony as defined in subdivision (c) of section 667.5 of the Penal Code unless the incarcerated person is serving a determinate sentence and qualifies under paragraph (5)(B) of this section:

      1. (A) One day of credit for every two days of incarceration (Credit rate of 33.3%), beginning May 1, 2017 through April 30, 2021; and then
      2. (B) One day of credit for every day of incarceration (Credit rate of 50%), beginning May 1, 2021.

   4. (4) One day of credit for every day of incarceration (Credit rate of 50%) shall be awarded to:

      1. (A) An incarcerated person not otherwise identified in paragraphs (1)-(3) above.
      2. (B) An incarcerated person serving a determinate term for a violent felony as defined in subdivision (c) of section 667.5 of the Penal Code who has successfully completed the requisite physical fitness training and firefighting training to be assigned as a firefighter to a Department of Forestry and Fire Protection fire camp or as a firefighter at a Department of Corrections and Rehabilitation firehouse; or
      3. (C) An incarcerated person serving a determinate term for a violent felony as defined in subdivision (c) of section 667.5 of the Penal Code who is housed at a Department of Forestry and Fire Protection fire camp in a role other than firefighter.

   5. (5) Two days of credit for every one day of incarceration (credit rate of 66.6%) shall be awarded to:

      1. (A) An incarcerated person eligible to earn day-for-day credit (50%) pursuant to paragraph (4)(A) above who is assigned to Minimum A Custody or Minimum B Custody pursuant to section 3377.1; or
      2. (B) An incarcerated person eligible to earn 50% pursuant to paragraph (3)(B) above who is assigned to Minimum A Custody or Minimum B Custody pursuant to section 3377.1.
      3. (C) An incarcerated person serving a determinate sentence, who is not serving a term for a violent felony as defined in subdivision (c) of section 667.5 of the Penal Code, who has successfully completed the requisite physical fitness training and firefighting training to be assigned as a firefighter to a Department of Forestry and Fire Protection fire camp or as a firefighter at a Department of Corrections and Rehabilitation firehouse; or
      4. (D) An incarcerated person serving a determinate sentence, who is not serving a term for a violent felony as defined in subdivision (c) of section 667.5 of the Penal Code, who is housed at a Department of Forestry and Fire Protection fire camp in a role other than firefighter.
3. (c) For purposes of placement in an alternative custody setting the department shall consider the Good Conduct Credit that may be earned during the incarcerated person's incarceration. An incarcerated person who is placed in an alternative custody setting, including a pre-parole or re-entry program, shall be awarded the same Good Conduct Credit that the incarcerated person earned prior to that placement with the exception of Work Group F. Incarcerated persons shall be assigned to Work Group F for at least 12 cumulative months in order to maintain Work Group F Good Conduct Credit earning prior to placement in an alternative custody setting.
4. (d) Credit Forfeiture and Restoration. Good Conduct Credit shall be forfeited in whole-day increments upon placement in a zero-credit work group pursuant to subsection 3044(b)(4) or 3044(b)(6) or a finding of guilt of a serious rule violation in accordance with section 3323. Forfeited credit under this section shall be restored if the disciplinary action is reversed pursuant to an administrative appeal or court of law. Forfeited credit may also be restored in accordance with Article 5.5 of Subchapter 4 of Chapter 1 of Division 3 of Title 15 of the California Code of Regulations.

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 667, 667.5, 1170.2, 2930 and 3041, Penal Code.

History

1. Certificate of Compliance including amendments transmitted to OAL 3-22-83 and filed 4-27-83 (Register 83, No. 18).

2. Amendment of section heading and 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.

3. Amendment of section heading and 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.

4. Amendment of section heading and 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.

5. Certificate of Compliance as to 12-18-2017 order, including further amendment of section, 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).

6. Amendment filed 4-28-2021 as an emergency; operative 5-1-2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3 and Executive Orders N-40-20 and 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.

7. Editorial correction of History 6 (Register 2021, No. 36).

8. Amendment of section, including further amendment of subsections (b)(2)-(b)(2)(B), new subsection (b)(2)(C), amendment of subsections (b)(3)-(b)(4), new subsections (b)(4)(A)-(c), subsection relettering and amendment of newly designated subsection (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.

9. 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.

10. Certificate of Compliance as to 3-28-2022 order, including further amendment of subsection (b)(5)(A), transmitted to OAL 6-27-2022 and filed 8-8-2022; amendments effective 8-8-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 32).

11. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).