1. (a) The award of Milestone Completion Credit (MCC) requires the achievement of a distinct objective of approved rehabilitative programs, including academic programs, social life skills programs, Career Technical Education programs, Cognitive Behavioral Interventions (CBI) programs, Enhanced Outpatient Program group module treatment programs, or other approved programs with similar demonstrated rehabilitative qualities. To be awarded such credit, the incarcerated person shall participate in all required program activities for the duration of the program, to include any subcomponents required in the curriculum for that program. Passing an exam alone shall not qualify for the award of such credit.

2. (b) Milestone Completion Credit for completing academic courses (e.g., Education Functional Level, GED, and high school MCC courses) related to a high school diploma shall not be awarded to incarcerated persons already possessing an accredited high school diploma, high school equivalency, or college degree.

   1. (1) Office of Correctional Education staff shall conduct a review for any information located in the Strategic Oversight Management System (SOMS) and the Electronic Records Management System (ERMS) indicating the incarcerated person has received their high school diploma, High School Equivalency (HSE) certificate, or college degree conferred by an educational institution accredited by an accrediting agency approved by the United States Department of Education. This review shall also include review for any claims by the incarcerated person that they have received a high school diploma, HSE certificate, or college degree.
   2. (2) Office of Correctional Education staff shall verify the incarcerated person's receipt of a high school diploma or college degree by obtaining the official transcript from the school from which the incarcerated person claims to have graduated. Office of Correctional Education staff shall verify the incarcerated person's receipt of a HSE certificate by obtaining the incarcerated person's HSE certificate from any general educational development database or obtaining a letter from the high school from which the incarcerated person took the HSE exam that confirms the incarcerated person received a HSE certificate.
   3. (3) Office of Correctional Education staff shall document their review and verification of an incarcerated person's educational history in the education section of SOMS. Documentation of the review and verification shall include: the date of the request for the release of the transcript, HSE certificate, or letter confirming the incarcerated person received a HSE certificate; the name of the entity to which the request was submitted; the date that the transcript, HSE certificate, or letter confirming the incarcerated person received a HSE certificate was received; whether the incarcerated person earned their high school diploma, HSE certificate, or college degree; and the date, time, and name of any staff person who entered any of the above information into SOMS. Office of Correctional Education staff shall scan a copy of the transcript, HSE certificate, or letter confirming the incarcerated person received a HSE certificate into ERMS. If Office of Correctional Education staff cannot verify the incarcerated person's receipt of a high school diploma or HSE certificate, the incarcerated person shall be eligible to participate in a high school diploma or high school equivalency program, which shall allow them to earn MCC awards.
3. (c) Notwithstanding any other authority to award or limit credit, effective August 1, 2017, all incarcerated persons eligible for Good Conduct Credit pursuant to section 3043.2 shall be eligible for Milestone Completion Credit pursuant to this section. The award of Milestone Completion Credit shall advance an incarcerated person's release date if sentenced to a determinate term subject to subdivision (c) of section 3043 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. Milestone Completion Credit shall be awarded in increments of not less than one week, but no more than twelve weeks in a twelve-month period. Milestone Completion Credit earned in excess of this limit shall be awarded to the incarcerated person on their next credit anniversary, defined as one year after the incarcerated person completes their first Milestone Completion Credit program, and each year thereafter. Upon release to parole, discharge including discharge to community supervision and discharge based on a court order, any excess credit under this section shall be deemed void. If instead an incarcerated person finishes serving one term and immediately begins serving a consecutive term, any excess credit awarded under this section shall be applied to that consecutive term. One week is equivalent to seven calendar days.
4. (d) A Milestone Completion Credit Schedule (REV. 01/26) is hereby incorporated by reference. The schedule identifies all of the approved Milestone Completion Credit programs, the corresponding credit reduction for successful completion of each program, and whether credit for repeating the program is authorized. The department may authorize a program be repeated for credit if there are significant rehabilitative benefits to be gained by those incarcerated persons who retake the program.
5. (e) Standard Performance Criteria. Standard performance criteria for the award of Milestone Completion Credit include the mastery or understanding of course curriculum by the incarcerated person as demonstrated by completion of assignments, instructor evaluations, and testing processes. Within ten business days of completion of an approved credit earning program under this section, the instructor shall verify completion of the program in the department's information technology system. Within ten additional business days, a designated system approver shall verify the incarcerated person's eligibility for such credit.

6. (f) Modified Performance Criteria.

   1. (1) In lieu of the standard performance criteria, incarcerated persons in an approved prison housing unit with structured, full-time rehabilitative programming, or in an approved alternative custody setting shall be awarded credit under this section in the following increments: three weeks of credit (the equivalent of 21 calendar days) for completion of every three months of program plan activities up to a maximum of twelve weeks of credit in a twelve-month period. Within ten business days of completing three months of program plan activities under this subsection a designated system approver shall be responsible for verifying and awarding credit to such participants.
   2. (2) In lieu of the standard performance criteria, Enhanced Outpatient Program participants, Developmentally Disabled Program participants, and participants in an approved mental health inpatient program, excluding those in a mental health crisis bed, shall be awarded credit under this section upon successfully completing scheduled, structured therapeutic activities in accordance with their mental health treatment plan or, if applicable, their Developmentally Disabled Program, in the following increments: one week of credit (the equivalent of seven calendar days) for every 60 hours completed up to a maximum of six weeks of credit for 360 hours completed in a twelve-month period. Within ten business days of completing 60 hours of scheduled, structured therapeutic activities under this subsection the Chief of Mental Health at each institution shall be responsible for verifying and awarding credit to such participants.

   3. (3) In lieu of standard performance criteria, when in-person instruction is not possible due to lockdown or modified programming, MCC eligible classes may temporarily convert to an independent study model upon approval at a level no lower than the Undersecretary of Operations. Approval may be granted based on the program's ability to clearly verify:

      1. (A) The nature of the work to be completed;
      2. (B) The identified method used to ensure students are properly assessed for subject matter mastery of understanding upon completion.
7. (g) For purposes of placement in an alternative custody setting the department shall consider the Milestone Completion Credit that may be earned during the incarcerated person's incarceration.
8. (h) Credit Forfeiture and Restoration. Milestone Completion Credit shall be forfeited in whole-day increments upon a finding of guilt of a serious rule violation in accordance with section 3323, only after all Good Conduct Credit is exhausted. Forfeited credit under this section shall be restored if the disciplinary action is reversed pursuant to an administrative appeal or court of law. Retroactive to January 25, 2010, 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 Section 2933.05, 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 subsection (a) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.

3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).

4. Amendment of subsection (a) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.

5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).

6. Amendment of subsection (a) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.

7. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).

8. Editorial correction of printing error in History 1. (Register 92, No. 5).

9. Amendment of subsection (a), new subsection (a)(5) and amendment of Note filed 11-12-97 as an emergency; operative 11-12-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-98 or emergency language will be repealed by operation of law on the following day.

10. Editorial correction of History 9 (Register 98, No. 18).

11. Amendment of subsection (a), new subsection (a)(5) and amendment of Note refiled 4-29-98 as an emergency; operative 4-29-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-6-98 or emergency language will be repealed by operation of law on the following day.

12. Certificate of Compliance as to 4-29-98 order transmitted to OAL 6-12-98 and filed 7-21-98 (Register 98, No. 30).

13. Amendment of subsection (a)(4) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).

14. Amendment of section heading and subsections (a) and (a)(5) 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.

15. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).

16. 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.

17. 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.

18. 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.

19. 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).

20. Amendment of subsection (d) filed 6-28-2018 as an emergency; operative 7-1-2018 (Register 2018, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2018 or emergency language will be repealed by operation of law on the following day.

21. Amendment of subsections (f)(1)-(2) 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.

22. Certificate of Compliance as to 6-28-2018 order transmitted to OAL 12-7-2018 and filed 1-23-2019 (Register 2019, No. 4).

23. Amendment of subsections (f)(1)-(2) 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.

24. Certificate of Compliance as to 6-17-2019 order transmitted to OAL 9-13-2019 and filed 10-24-2019 (Register 2019, No. 43).

25. Amendment of subsections (a) and (d) and amendment of “A Milestone Completion Credit Schedule” (incorporated by reference) filed 4-27-2021 as an emergency; operative 4-27-2021 (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 2-1-2022 or emergency language will be repealed by operation of law on the following day.

26. Amendment of subsections (c) and (h) 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.

27. Editorial correction of Histories 25 and 26 (Register 2021, No. 36).

28. Amendment of subsections (c) and (h) refiled 12-28-2021 as an emergency, including further amendment of subsection (h); 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.

29. Amendment of subsections (a) and (d) and amendment of ‘‘A Milestone Completion Credit Schedule” (incorporated by reference) refiled 2-1-2022 as an emergency; operative 2-1-2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.

30. Amendment of subsections (c) and (h) 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.

31. Amendment of subsections (a) and (d) and amendment of ‘‘A Milestone Completion Credit Schedule” (incorporated by reference)refiled 5-2-2022 as an emergency; operative 5-3-2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.

32. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8-8-2022 (Register 2022, No. 32).

33. Certificate of Compliance as to 5-2-2022 order, including amendment of subsections (b) and (d) and new subsection (f)(3)-(f)(3)(B), transmitted to OAL 7-20-2022 and filed 8-31-2022; amendments effective 8-31-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35).

34. Change without regulatory effect amending the Milestone Completion Credit Schedule (incorporated by reference) and amending subsection (d) filed 10-17-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 42).

35. New subsections (b)(1)-(3) filed 4-11-2023; operative 4-11-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 15).

36. Change without regulatory effect amending subsection (f)(1) filed 9-8-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 36).

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

38. Amendment of subsection (d) filed 8-21-2024 as an emergency; operative 9-9-2024 (Register 2024, No. 34). A Certificate of Compliance must be transmitted to OAL by 2-17-2025 or emergency language will be repealed by operation of law on the following day.

39. Certificate of Compliance as to 8-21-2024 order transmitted to OAL 11-25-2024 and filed 1-8-2025 (Register 2025, No. 2).

40. Change without regulatory effect amending subsection (b)(1) filed 3-5-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 10).

41. Amendment of subsection (d) and Note filed 1-27-2026; operative 1-27-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 5).