Prop 57

Regulations regarding Prop 57

California Code of Regulations, Title 15, Division 3, Adult Institutions, Programs and Parole

Chapter 1. Rules and Regulations of Adult Operations and Programs

Article 3.5 Credits.

Cal. Code Regs., tit. 15, § 3043. Credit Earning.

(a) General. Inmates are expected to work or participate in rehabilitative programs and activities to prepare for their eventual return to society. Inmates who comply with the regulations and rules of the department and perform the duties assigned to him or her shall be eligible to earn Good Conduct Credit as set forth in section 3043.2 below. In addition, inmates who participate in approved rehabilitative programs and activities shall be eligible to earn Milestone Completion Credit, Rehabilitative Achievement Credit, and Educational Merit Credit as set forth in sections 3043.3, 3043.4 and 3043.5 below. The award of these credits, as well as Extraordinary Conduct Credit as set forth in section 3043.6 below, shall advance an inmate's release date if sentenced to a determinate term or advance an inmate'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. Inmates who do not comply with the regulations and rules of the department or who do not perform the duties assigned to him or her shall be subject to credit forfeiture as provided in this article.

(b) Inmate Participation in Credit Earning Programs and Activities. All eligible inmates shall have a reasonable opportunity to participate in credit earning programs and activities in a manner consistent with the availability of staff, space, and resources, as well as the unique safety and security considerations of each prison. No credit shall be awarded for incomplete, partial, or unsatisfactory participation in credit earning programs or activities described in this article or for diplomas, degrees, or certificates that cannot be verified after due diligence by department staff.

(c) Release Date Restriction. Under no circumstance shall an inmate be awarded credit or have credit restored by the department which advances the date of his or her release to a date less than 60 calendar days from the award or restoration of such credit.

(d) Participation by Inmates Housed In A Different Jurisdiction. Inmates serving criminal sentences under California law but housed in a different jurisdiction, including those participating in the Western Interstate Corrections Compact, the Interstate Corrections Compact Agreement, or in a facility administered by the California Department of State Hospitals or by the Federal Bureau of Prisons, are eligible to participate in Good Conduct Credit, Educational Merit Credit, or Extraordinary Conduct Credit as described in this article, subject to the criteria set forth in subsection (b) above.

Cal. Code Regs., tit. 15, § 3043.1. Pre-Sentence Credit.

Credit applied prior to sentencing is awarded by the sentencing court pursuant to sections 2900.1, 2900.5, 2933.1, and 4019 of the Penal Code.

Cal. Code Regs., tit. 15, § 3043.2. Good Conduct Credit.

(a) The award of Good Conduct Credit requires that an inmate comply with the rules and regulations of a prison and perform the duties assigned on a regular and satisfactory basis.

(b) Notwithstanding any other authority to award or limit credit, effective May 1, 2017, the award of Good Conduct Credit shall advance an inmate's release date if sentenced to a determinate term or advance an inmate'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 pursuant to the following schedule:

(1) No credit shall be awarded to an inmate sentenced to death or a term of life without the possibility of parole

(2) One day of credit for every four days of incarceration (20%) shall be awarded to an inmate serving a determinate or indeterminate term for a violent felony as defined in Penal Code section 667.5, subdivision (c), unless the inmate qualifies under paragraph (4)(B) below or is statutorily eligible for greater credit pursuant to the provisions of Article 2.5 (commencing with section 2930) of Chapter 7 of Title I of Part 3 of the Penal Code;

(3) One day of credit for every two days of incarceration (33.3%) shall be awarded to an inmate sentenced under the Three Strikes Law, Penal Code section 1170.12, subdivision (c), or section 667, subdivisions (c) or (e), who is not serving a term for a violent felony as defined in Penal Code section 667.5, subdivision (c), unless the inmate is serving a determinate sentence and qualifies under paragraph (5)(B) below;

(4) One day of credit for every day of incarceration (50%) shall be awarded to:

(A) An inmate not otherwise identified in paragraphs (1)-(3) above; or

(B) An inmate serving a determinate term for a violent felony as defined in Penal Code section 667.5, subdivision (c), after the inmate has completed the requisite training to be assigned to a Department of Forestry and Fire Protection fire camp or as a firefighter at a Department of Corrections and Rehabilitation firehouse; or

(5) Two days of credit for every day of incarceration (66.6%) shall be awarded to:

(A) An inmate eligible to earn day-for-day credit (50%) pursuant to paragraph (4)(A) above who is assigned to Minimum A Custody or Minimum B Custody pursuant to section 3377.1; or

(B) An inmate serving a determinate sentence who is not serving a term for a violent felony as defined in Penal Code section 667.5, subdivision (c), after the inmate has completed the requisite training to be assigned to a Department of Forestry and Fire Protection fire camp or as a firefighter at a Department of Corrections and Rehabilitation firehouse.

(c) Credit Forfeiture and Restoration. Good Conduct Credit shall be forfeited in whole-day increments upon placement in a zero-credit work group pursuant to subsections (b)(4) or (b)(6) of section 3044 or a finding of guilt of a serious rule violation in accordance with section 3323. Forfeited credit under this section shall be restored if the disciplinary action is reversed pursuant to an administrative appeal or court of law. 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.

§ 3043.3

(a) The award of Milestone Completion Credit requires the achievement of a distinct objective of approved rehabilitative programs, including academic programs, substance abuse treatment programs, social life skills programs, Career Technical Education programs, Cognitive Behavioral Treatment programs, Enhanced Outpatient Program group module treatment programs, or other approved programs with similar demonstrated rehabilitative qualities.

(b) Milestone Completion Credit for General Education Development (GED), Test of Adult Basic Education (TABE), and Comprehensive Adult Student Assessment System (CASAS) achievements shall not be awarded to inmates already possessing a GED, high school diploma, high school equivalency, or college degree.

(c) Notwithstanding any other authority to award or limit credit, effective August 1, 2017, all inmates 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 inmate's release date if sentenced to a determinate term or advance an inmate'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 inmate on his or her next credit anniversary, defined as one year after the inmate completes his or her first Milestone Completion Credit program, and each year thereafter. Upon release from prison, any excess credit under this section shall be deemed void. If instead an inmate completes 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 (7) calendar days.

(d) A Milestone Completion Credit Schedule (REV 3/17), approved by the Director of the Division of Adult Institutions under the direction of the Secretary and in conjunction with the Director of the Division of Rehabilitative Programs and the Undersecretary of Health Care Services, 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 the program may be repeated for credit.

(e) Performance criteria for the award of Milestone Completion Credit include the mastery or understanding of course curriculum by the inmate as demonstrated by completion of assignments, instructor evaluation, and standardized testing. In lieu of the above 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, may be awarded credit under this section by successfully completing scheduled, structured therapeutic activities in accordance with their mental health treatment plan or, if applicable, their Developmentally Disabled Program group assignment, 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.

(f) Within ten (10) 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 (10) additional business days, a designated system approver shall verify the inmate's eligibility for such credit. The Chief of Mental Health at each institution shall be responsible for verifying and awarding credit to Enhanced Outpatient Program participants.

(g) 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.

Text of Proposition 57

Section 1. Title.

This measure shall be known and may be cited as “The Public Safety and Rehabilitation Act of 2016.”

Section 2. Purpose and Intent.

In enacting this act, it is the purpose and intent of the people of the State of California to: 1. Protect and enhance public safety. 2. Save money by reducing wasteful spending on prisons. 3. Prevent federal courts from indiscriminately releasing prisoners. 4. Stop the revolving door of crime by emphasizing rehabilitation, especially for juveniles. 5. Require a judge, not a prosecutor, to decide whether juveniles should be tried in adult court.

Section 3.

Section 32 is added to Article I of the California Constitution, to read:

California Constitution Article I, Section 32.

(a) The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law:

(1) Parole Consideration: Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.

(A) For purposes of this section only, the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.

(2) Credit Earning: The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.

(b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.

Section 4.1.

Section 602 of the Welfare and Institutions Code is amended to read:

Welfare and Institutions Code 602

602. (a) Except as provided in subdivision (b) Section 707, any person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court.