1. (a) Restricted Housing Unit Programming Credit (RHUPC) may be awarded to reduce time spent in restricted housing through a voluntary rehabilitative programming reward system. The RHUPC applies to incarcerated persons with projected, imposed, or re-imposed active Determinate Restricted Housing Unit (RHU) terms.

2. (b) For every twenty (20) hours of completed voluntary rehabilitative programming, restricted housing incarcerated persons may receive five (5) days credit off their Restricted Housing Unit Maximum Release Date (RHU MRD), not to exceed 25 percent of the set term.

   1. (1) RHUPC are awarded in increments of not less than five (5) days.
   2. (2) No RHUPC program hours shall be counted towards credits in other programs that were established to advance an incarcerated person's court-sentenced release date (e.g., Rehabilitative Achievement Credit, Milestone Completion Credit), except in accordance with subsection 3043.3(f)(2).
3. (c) The award of RHUPC requires successful participation in, and completion of, voluntary rehabilitative programs, mental health group treatment, therapeutic programs, and social life skills programs. To be awarded credit, the incarcerated person shall participate in all required program activities for the duration of the program, including any subcomponents required in the curriculum for that program. Passing an exam alone shall not qualify for the award of RHUPC credit.
4. (d) Upon completion of any approved programming hours, staff shall have ten (10) business days to input the hours into the information technology system.

5. (e) RHUPC for completed hours in the information technology system shall be applied to the incarcerated person's RHU MRD at the next scheduled Institution Classification Committee, as detailed in subsections 3340(c) and 3341(b) and (f).

   1. (1) All hours awarded on a projected or imposed RHU term must be completed subsequent to placement in restricted housing for the behavior warranting that RHU MRD. Any RHUPC earned but not applied shall be forfeited upon expiration of the RHU MRD or suspension of the RHU term.

   2. (2) If the incarcerated person has more than one established projected or imposed RHU term, the RHUPC shall be applied to the controlling projected or imposed RHU MRD.

      1. (A) If the credit was applied on a projected, imposed, or re-imposed RHU MRD and the incarcerated person subsequently receives an additional Rules Violation Report (RVR) for a violation listed on the RHU term matrix, those credits shall be forfeited.
      2. (B) If an RVR is dismissed or the administrative findings for the RVR are overturned, any credit applied to the RHU MRD for that RVR shall be applied to an existing RHU MRD if appropriate and eligible.
   3. (3) Credit shall not be applied in an amount rendering the incarcerated person overdue for release from restricted housing.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

History

1. Repealer and new section 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.

2. Repealer and new section 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.

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

4. Certificate of Compliance as to 4-8-2024 order, including amendment of subsections (a)-(b), (c), (e), (e)(2)(A) and (e)(3), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7-31-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).

5. Amendment of subsections (e) and (e)(2)(A) filed 4-30-2026 as an emergency; operative 5-1-2026 (Register 2026, No. 18). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 10-08-2026 or emergency language will be repealed by operation of law on the following day.