1. (a) Notwithstanding sections 3327, 3328, and 3329, Good Conduct Credit shall be restored for a Division “D,” “E,” or “F” offense discovered by department staff on or after May 1, 2017, if an incarcerated person remains disciplinary-free for a period of 90 calendar days with the following exceptions:

   1. (1) Credit loss resulting from rules violations for unauthorized possession or constructive possession of a cellular telephone or wireless communication device capable of making or receiving wireless communications shall not be restorable.
   2. (2) Credit loss resulting from rules violations for Indecent Exposure, which occurred on or after November 1, 2023, shall not be restorable.
2. (b) The “90 calendar day” period shall commence immediately following the date and time an incarcerated person is identified as committing a rules violation, meaning the date and time that sufficient information was discovered by department staff to identify the incarcerated person as the person responsible for the offense.
3. (c) “Disciplinary-free” means the incarcerated person is not found guilty of a subsequent administrative or serious rules violation that was discovered during the 90 calendar day period.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3058.6, 3058.9 and 5054, Penal Code.

History

1. New section 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 A Certificate of Compliance must be transmitted to OAL by 4-10-2019 or emergency language will be repealed by operation of law on the following day.

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

3. Amendment of subsection (a), new subsections (a)(1)-(2) and repealer of subsection (d) 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsection (a), new subsections (a)(1)-(2) and repealer of subsection (d) 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.

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

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