Cal. Code Regs. tit. 15, § 3078.1 – Alternative Custody Program and Enhanced Alternative Custody Program General Policy.

(a) An Alternative Custody Program (ACP) is a voluntary alternative custody program that allows eligible incarcerated persons to serve their sentence in the community in lieu of confinement in state prison.
1. (1) An ACP participant's confinement in the community shall consist of restriction to one of the following:
  1. (A) A residential home during the hours designated by the department, or
  2. (B) A transitional care facility that offers appropriate services during the hours designated by the department, or
  3. (C) A residential drug or treatment program during the hours designated by the department.
(b) An Enhanced Alternative Custody Program (EACP) is a voluntary alternative custody program that allows eligible incarcerated persons to serve the remainder of their sentence in a community facility administered by the Division of Rehabilitative Programs in lieu of confinement in a state prison.
1. (1) An EACP participant's confinement in the community shall consist of restriction to one of the following:
  1. (A) A Male Community Reentry Program (MCRP) during the hours designated by the department, or
  2. (B) A Female Community Reentry Program (FCRP) during the hours designated by the department, or
  3. (C) A Community Participant Mother Program (CPMP) during the hours designated by the department.
(c) One day of participation in the ACP or EACP shall be in lieu of one day of incarceration in state prison. Participants in the program shall receive any sentence reduction credits they would have received pursuant to section 3043 had they served their sentence in state prison and shall be subject to denial and loss of credit pursuant to Penal Code section 2932(a).
(d) The Secretary or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison.
(e) Incarcerated persons released for placement in the ACP or EACP shall be subject to applicable rules and regulations governing incarcerated persons pursuant to the California Code of Regulations, Title 15, Division 3.

Note: Authority cited: Sections 3414, 5058, 5058.3, 6252 and 1170.05, Penal Code. Reference: Sections 1170.05, 5054 and 6253, Penal Code; and Sassman v. Brown (E.D. Cal. 2015) 99 F.Supp.3d 1223.

History

1. New section 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.

2. 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).

3. New section 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.

4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).

5. New section 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.

6. Certificate of Compliance as to 9-13-2012 order transmitted to OAL 1-11-2013 and filed 2-25-2013 (Register 2013, No. 9).

7. Amendment of section and Note filed 3-29-2016 as an emergency; operative 3-29-2016 (Register 2016, No. 14). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-6-2016 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 3-29-2016 order transmitted to OAL 9-6-2016 and filed 10-11-2016 (Register 2016, No. 42).

9. Amendment of article heading, section heading, section and Note filed 6-19-2024; operative 7-1-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 25).

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