1. (a) Forfeited credits shall at no time be restored as specified below:

   1. (1) No credit shall be restored for any serious disciplinary offense punishable by a credit loss of more than 90 days. These offenses include Divisions A-1, A-2, B and C.
   2. (2) No credit shall be restored if the incarcerated person is found guilty of any subsequent rule violation that occurred within the required disciplinary-free periods provided in Section 3328.
   3. (3) No credit shall be restored if the worktime credit denial or loss was ordered by court judgment unless the court rescinds or overturns the order.

   4. (4) No credit shall be restored for the following disciplinary offenses:

      1. (A) The incarcerated person was found guilty of use of a controlled substance, marijuana, or alcohol, based on a positive test result from a departmentally approved testing method;
      2. (B) The incarcerated person was ordered to submit to a drug test pursuant to section 3290(c) and refused the test;
      3. (C) The incarcerated person was found guilty of fermentation or distillation of materials in a manner consistent with the production of alcohol in a prison or community access facility;
      4. (D) The incarcerated person was found guilty of unauthorized possession of dangerous contraband as defined in section 3000.
   5. (5) No credit shall be restored pursuant to subsections 3329.5(a)(1) and 3329.5(a)(2).

2. (b) Upon completion of a disciplinary-free period for Division D, E, and F offenses as provided in section 3328, an eligible incarcerated person may apply to their caseworker for credit restoration by submitting a CDC Form 958 (Rev. 8/87), Application for Restoration of Credits. A restoration hearing shall be conducted within 30 days of the incarcerated person's application. The incarcerated person has a right to be present at the hearing and to a written decision of the committee.

   1. (1) A classification action resulting in restoration of worktime credit shall be documented and forwarded to the facility's case records staff for recalculation of the incarcerated person's release date.
   2. (2) When an incarcerated person does not meet the criteria for a credit restoration hearing, the caseworker shall note the reasons on the CDC Form 958 and return it to the incarcerated person.

3. (c) Credit shall be restored at the consideration hearing unless it is determined that the incarcerated person has, since the disciplinary infraction leading to the credit forfeiture, refused or failed to perform in a work, training, or educational assignment during the required disciplinary-free period, or under extraordinary circumstances, as described in section 3329.

   1. (1) Credit shall not be restored in an amount rendering the incarcerated person overdue for release.
   2. (2) An incarcerated person who is a violent offender as defined in Penal Code (PC) Section 667.5(c), or who is serving a term upon conviction of child abuse pursuant to PC Sections 273a, 273ab, 273d, or any sex offense identified in statutes as being perpetrated against a minor victim, or who is an offender for whom such notification has been ordered by any court shall not be eligible for credit restoration which would result in a notification being provided to local law enforcement in less than 45 days prior to the incarcerated person's scheduled release date.
   3. (3) The incarcerated person shall be informed at the hearing that case records staff shall determine the actual release date which shall include a minimum of ten working days for release processing. However, if the incarcerated person is a violent offender as defined in PC Section 667.5(c) or is serving a term upon conviction of child abuse pursuant to PC Section 273a, 273ab, 273d, or any sex offense identified in statutes as being perpetrated against a minor victim, or for whom such notification has been court ordered, the number of working days for release processing shall be sufficient to ensure that local law enforcement officials will be notified of the incarcerated person's release in not less than the 45-day time frame required by law. A copy of the new legal status sheet reflecting the credit restoration shall be provided to the incarcerated person.
4. (d) If less than 100 percent of restorable credits forfeited are restored by the classification committee, the incarcerated person may make additional applications for restoration upon completion of additional disciplinary-free periods until all restorable credit is restored or the incarcerated person is released from custody.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5, 2932, 2932.5, 2933, 3058.6, 3058.9 and 5054, Penal Code.

History

1. New article 5.5 (sections 3327-3329) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code section 1136.2(d) (Register 83, No. 19).

2. Amendment 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 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 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. Amendment of subsections (b) and (c) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).

10. Amendment of section heading, section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).

11. Amendment of section pursuant to Penal Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.

12. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).

13. New subsection (a)(3) 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.

14. Editorial correction of History 13 (Register 98, No. 18).

15. New subsection (a)(3) 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.

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

17. Amendment of subsection (a)(3) filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,

18. Amendment of subsection (a)(3) refiled 2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.

19. Certificate of Compliance as to 2-3-99 order, including further amendment of subsection (a)(3) and new subsection (a)(4), transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).

20. Amendment of subsections (a)(2) and (c), new subsection (c)(2), subsection renumbering and amendment of newly designated subsection (c)(3) and Note filed 5-22-2006; operative 5-22-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).

21. Amendment of subsections (a)(2) and (a)(4) and new subsections (a)(4)(A)-(D) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

22. Amendment of article heading filed 10-30-2018 as an emergency; operative 11-1-2018 (Register 2018, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-10-2019 or emergency language will be repealed by operation of law on the following day.

23. Certificate of Compliance as to 10-30-2018 order transmitted to OAL 2-27-2019 and filed 4-3-2019 (Register 2019, No. 14).

24. New subsection (a)(5) filed 10-24-2023 as an emergency; operative 11-1-2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.

25. New subsection (a)(5) refiled 4-8-2024 as an emergency; operative 4-11-2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.

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

27. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7-31-2024 (Register 2024, No. 31).