Cal. Code Regs. Tit. 15, § 3323 - Disciplinary Credit Forfeiture Schedule

(a) Upon a finding of guilt of a serious rule violation, a credit forfeiture against any determinate term of imprisonment or any minimum eligible parole date for an incarcerated person sentenced to an indeterminate sentence, as defined in section 3000 Indeterminate Sentence Law (ISL), shall be assessed within the ranges specified in (b) through (h) below:

(b) Division "A-1" offenses; credit forfeiture of 181-360 days.

(1) Murder, attempted murder, and solicitation of murder. Solicitation of murder shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances.

(2) Manslaughter.

(3) Battery, including sexual battery, causing serious injury.

(4) Assault or battery with a deadly weapon or caustic substance.

(5) Rape, attempted rape, sodomy, attempted sodomy, oral copulation, and attempted oral copulation against the victim's will.

(6) Taking a hostage.

(7) Escape with force or violence.

(8) Possession, manufacture, or attempted manufacture of a deadly weapon or explosive device.

(9) Solicitation to commit an offense listed in subsections (b)(3), (b)(4) or (b)(5) above.

(10) Behavior or activities defined as a division "A-1" offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.

(c) Division "A-2" offenses; credit forfeiture of 151-180 days.

(1) Aggravated battery on a non-incarcerated person by means of gassing.

(2) Arson involving damage to a structure or causing serious injury.

(3) Battery on a non-incarcerated person.

(4) Destruction of state property in excess of $400 during a riot or disturbance.

(5) Any other felony involving violence or injury to a victim not specifically listed in this schedule.

(6) Attempted escape with force or violence.

(7) Introduction or distribution of any controlled substance, as defined in section 3000, in an institution/facility or contract health facility.

(8) Extortion by means of force or threat.

(9) Conspiracy to commit any Division "A-1" or "A-2" offense.

(10) Solicitation to commit an offense listed in subsections (c)(2), (c)(4), or (c)(9) above.

(11) Behavior or activity defined as a division "A-2" offense that promotes, furthers, or assists an STG or demonstrates a nexus to an STG.

(d) Division "B" Offenses; credit forfeiture of 121-150 days.

(1) Battery on a peace officer not involving the use of a weapon.

(2) Assault on a peace officer by any means likely to cause great bodily injury.

(3) Battery on a non-prisoner.

(4) Threatening to kill or cause serious bodily injury to a public official, their immediate family, their staff, or their staff's immediate family.

(5) Escape from any institution or community correctional facility other than a camp or community-access facility.

(6) Theft, embezzlement, destruction, or damage to another's personal property, state funds, or state property valued in excess of $400.

(7) Unauthorized possession of any controlled substance as defined in section 3000, including marijuana, in an institution/facility or contract health facility.

(A) Progressive disciplinary credit forfeiture for violations described in (7) above are as follows:

1. Credit forfeiture of 121-130 days for the first offense.

2. Credit forfeiture of 131-140 days for the second offense.

3. Credit forfeiture of 141-150 days for the third offense.

(8) Sexual Activity in a visiting room involving physical contact with a minor.

(9) Indecent Exposure with prior court conviction under PC 314 or PC 288.

(10) Any felony not involving violence or the use of a weapon not listed in this schedule.

(11) Conspiracy to commit any Division "B" offense.

(12) Solicitation to commit an offense as listed in subsections (d)(1) or (d)(2) above.

(13) Behavior or activities defined as a division "B" offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.

(e) Division "C" offenses; credit forfeiture of 91-120 days.

(1) Battery on an incarcerated person by means of gassing.

(2) Escape without force from a camp, community-access facility, or any Alternative Custody Program placement, as provided in chapter 1, article 6.8.

(3) Attempted escape without force from an institution or community correctional facility other than a camp or community-access facility.

(4) Furnishing equipment for or aiding and abetting an escape or escape attempt.

(5) Attempted extortion by means of threat.

(6) Bribery.

(7) Arson.

(8) Forgery, falsification or alteration of any official record or document prepared or maintained by the Department which could affect a term of imprisonment.

(9) Possession of any narcotic, drug, or controlled substance, as defined in section 3000, in a community-access facility or any Alternative Custody Program placement.

(10) Unauthorized possession of drug paraphernalia as defined in section 3000.

(11) The physical possession of alcohol in an institution, facility, or contract health facility.

(12) Accessory to any felony offense.

(13) Conspiracy to commit any Division "C" offense.

(14) Solicitation to commit an offense listed in subsections (e)(6), (e)(7), or (e)(8) above.

(15) Behavior or activity defined as a division "C" offense that promotes, furthers, or assists an STG or demonstrates a nexus to an STG.

(f) Division "D" offenses; credit forfeiture of 61-90 days.

(1) Being under the influence of alcohol, any drug, controlled substance, or other intoxicant, as defined in section 3000 and unable to exercise care for personal safety or the safety of others.

(2) Participating in a riot, rout, or unlawful assembly.

(3) Inciting a riot.

(4) Indecent Exposure without a prior court conviction under PC 314 or PC 288.

(5) Sexual Activity in a visiting room with an adult.

(6) Willfully resisting, delaying, or obstructing any peace officer in the performance of duty.

(7) Late return from a temporary community leave.

(8) Assault or battery, including sexual assault or battery, on a incarcerated person with no serious injury.

(9) Fighting.

(10) Assault of a peace officer by any means not likely to cause great bodily injury.

(11) Assault on a non-incarcerated person.

(12) Conspiracy to commit any Division "D" offense.

(13) Solicitation to possess, distribute or introduce a controlled substance into an institution, contract health facility, or any Alternative Custody Program placement.

(14) Possession or constructive possession of a wireless communication device, not expressly authorized by the Secretary pursuant to subsection 3190(k)(8). Penal Code section 4576(c) provides that an incarcerated person found to be in possession of a wireless communication device shall be subject to time credit denial or loss of up to 90 days. An incarcerated person in possession of a wireless communication device, authorized by the Secretary, shall not receive any time credit denial or loss.

(15) Acting in a STG Leadership Role displaying behavior to organize and control other offenders.

(16) Behavior or activities defined as a division "D" offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.

(g) Division "E" offenses; credit forfeiture of 31-60 days.

(1) Theft, embezzlement, destruction, or damage to another's personal property, state funds or state property valued at less than $400.

(2) Possession of alcoholic beverages or intoxicating substances in a community-access facility under the jurisdiction of CDCR.

(3) Consensual participation in sodomy or oral copulation.

(4) Forgery or falsification or alteration of any government document or record not affecting an incarcerated person's term of imprisonment.

(5) Gambling in an institution, community correctional facility, or camp other than a community-access facility.

(6) Refusal to provide blood specimens, a saliva sample, or palm and thumb print impressions pursuant to Penal Code sections 295 through 300.3, after receiving written notification in accordance with PC section 298.1 that they must be provided.

(7) Sexual Disorderly Conduct.

(8) Commission of any misdemeanor offense not listed in this schedule.

(9) Conspiracy to commit any Division "E" offense.

(10) Solicitation to commit an offense listed in subsections (g)(4) or (g)(7) above.

(11) Behavior or activities defined as a division "E" offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.

(h) Division "F" offenses; credit forfeiture of 0-30 days.

(1) Gambling in a community-access facility or any Alternative Custody Program placement.

(2) Late return to a community-access facility or any Alternative Custody Program placement.

(3) Use of any controlled substance, as identified in H&SC 11007, or alcohol based solely on a positive test result from an approved departmental testing method.

(4) Misuse, alteration, unauthorized acquisition, or exchange of personal property, state funds, or state property.

(5) Refusing to provide a urine specimen for the purpose of testing for the presence of controlled substance(s) or alcohol.

(6) The fermentation or distillation of materials in a manner consistent with the production of alcohol.

(7) Possession of dangerous contraband as identified in section 3000 excluding cell phones or wireless communication devices capable of making or receiving wireless communications.

(8) Unauthorized possession or distribution of medication (not identified as a controlled substance in section 3000).

(9) Work related offenses:

(A) Refusal to work or perform assigned duties;

(B) Continued failure to perform assigned work or participate in a work/training program.

(10) Any other serious rule violation meeting the criteria listed in section 3315, not a crime, and not identified as administrative in section 3314.

(11) Harassment of another person, group, or entity either directly or indirectly through the use of the mail, telephone, or other means.

(12) Security Threat Group Behavior or Activity.

(A) Recording/documentation of conversations evidencing STG behavior;

(B) Communication between offenders/others in support or furtherance of STG behavior or activities;

(C) Leading STG Roll Call;

(D) Directing Cadence for STG Group Exercise;

(E) In personal possession of STG related written material including membership or enemy list, roll call lists, constitution, organizational structures, codes, training material, etc.;

(F) In personal possession of mail, notes, greeting cards, or other communications which include coded or explicit messages evidencing STG behavior.

(13) Behavior or activities defined as a division "F" offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.

(14) Possession and/or constructive possession of a cellular telephone or wireless communication device accessory and/or component including, but not limited to, a subscriber identity module (SIM card), memory storage device, cellular phone battery, wired or wireless headsets, and cellular phone chargers.

(i) Nothing in this section shall prevent the department from seeking criminal prosecution for any conduct constituting a violation of the law or from imposing one or more of the authorized punitive, preventative, or control measures described in these regulations, in addition to forfeiture of credits.

(j) incarcerated persons shall be provided written notice of any credit forfeited by disciplinary action, of anticipated release date changes based on credit forfeiture set aside through the departmental appeal process, or a Board of Parole Hearings review.

(k) If an incarcerated person is held beyond an established parole date because of a disciplinary or prosecution action, the number of days the incarcerated person is overdue when released shall be deducted from their parole period when one or more of the following apply:

(1) The incarcerated person is found not guilty of the charges.

(2) No credit is forfeited as a result of the disciplinary hearing.

(3) An incarcerated person appeal results in reduction of the credit forfeiture ordered in the disciplinary hearing.

(4) A Board of Parole Hearings review results in restoration of all or part of the credit forfeiture ordered in the disciplinary hearing.

Notes

Cal. Code Regs. Tit. 15, § 3323

Note: Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 148, 241, 243, 295- 300.3, 314, 647, 1170.05, 2932, 2933, 4500, 4501, 4501.1, 4573.6, 4576, 4600, 5054 and 12020, Penal Code.

Note: Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 148, 241, 243, 295- 300.3, 314, 647, 1170.05, 2932, 2933, 4500, 4501, 4501.1, 4573.6, 4576, 4600, 5054 and 12020, Penal Code.

1. Amendment of subsection (a)(3) and new subsection (a)(3)(E) filed 12-1-78 as an emergency; designated effective 1-1-79. For prior history, see Register 77, No. 40.
2. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
3. Amendment of subsection (a) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment filed 11-20-79 as an emergency; designated effective 1-1-80 (Register 79, No. 47). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-20-80.
5. Certificate of Compliance filed 2-15-80 (Register 80, No. 7).
6. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
7. 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.
8. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
9. 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.
10. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
11. 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.
12. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
13. Amendment of section heading, section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
14. New subsection (c)(7), subsection renumbering, amendment of subsection (d)(6), new subsections (d)(6)(A)-(d)(6)(A)3., repealer of subsection (d)(7), subsection renumbering, and amendment of subsections (e)(11) and (f)(1) 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,
15. New subsection (c)(7), subsection renumbering, amendment of subsection (d)(6), new subsections (d)(6)(A)-(d)(6)(A)3., repealer of subsection (d)(7), subsection renumbering, and amendment of subsections (e)(11) and (f)(1) 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.
16. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
17. New subsection (g)(6), subsection renumbering and amendment of Note filed 9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e) a Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
19. New subsections (g)(7)-(g)(7)(C) and subsection renumbering filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
20. New subsections (g)(7)-(g)(7)(C) and subsection renumbering refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
22. New subsections (d)(7) and (g)(8), subsection renumbering, amendment of subsection (f)(5), and amendment of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
23. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
24. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
25. Change without regulatory effect amending subsection (d)(7)(A) filed 12-11-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 50).
26. New subsections (d)(8) and (f)(6) and subsection renumbering filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
27. New subsection (f)(12), subsection renumbering and amendment of Note filed 7-19-2011; operative 8-18-2011 (Register 2011, No. 29).
28. Amendment of subsections (e)(1), (e)(8), (f)(14) and (h)(2) and amendment of Note 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.
29. Amendment of subsection (a), new subsection (f)(15), amendment of subsections (h)(7), (j) and (k)(4) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
30. Change without regulatory effect amending Note filed 3-8-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 10).
31. 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).
32. Amendment of subsections (e)(1), (e)(8), (f)(14) and (h)(2) and amendment of Note 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.
33. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
34. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
35. Amendment of subsections (e)(1), (e)(8), (f)(14) and (h)(2) and amendment of Note 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.
36. Certificate of Compliance as to 9-13-2012 order transmitted to OAL 1-11-2013 and filed 2-25-2013 (Register 2013, No. 9).
37. New subsections (b)(10), (c)(10), (d)(13), (e)(14), (f)(16)-(17), (g)(11) and (h)(11)-(13) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
38. Amendment of subsections (f)(15) and (h)(7) and new subsection (h)(14) filed 8-17-2016; operative 8/17/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 34).
39. Amendment of subsections (b)(3) and (f)(9) filed 10-20-2016; operative 10/20/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 43).
40. Repealer of subsection (f)(1), subsection renumbering and amendment of subsection (h)(3) filed 2-9-2017 as an emergency; operative 2-20-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-31-2017 or emergency language will be repealed by operation of law on the following day.
41. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 7-12-2017 and filed 8/23/2017 (Register 2017, No. 34).
42. Amendment of subsection (f)(14) filed 7-23-2020 as an emergency; operative 7/23/2020 (Register 2020, No. 30). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-30-2020 or emergency language will be repealed by operation of law on the following day.
43. Emergency filed 7-23-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 48). A Certificate of Compliance must be transmitted to OAL by 4-30-2021 or emergency language will be repealed by operation of law on the following day.
44. Amendment of subsection (f)(14) refiled 4-27-2021 as an emergency; operative 4/30/2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 11-29-2021 or emergency language will be repealed by operation of law on the following day.
45. New subsection (c)(1), subsection renumbering, amendment of newly designated subsections (c)(10)-(11), new subsection (e)(1), subsection renumbering and amendment of newly designated subsections (e)(2), (e)(8)-(9), (e)(11) and (e)(14)-(15) filed 11-30-2021; operative 1/1/2022 (Register 2021, No. 49).
46. Certificate of Compliance as to 4-27-2021 order transmitted to OAL 11-29-2021 and filed 12/20/2021 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
47. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).