§ 2933.05. — 2933.05. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 39.)

California § 2933.05.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 1.
• Part 3.: TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS
• Ch. 7.: CHAPTER 7. Execution of Sentences of Imprisonment
• Art. 2.5.: ARTICLE 2.5. Credit on Term of Imprisonment

Text

(a)
In addition to any credit awarded pursuant to Section 2933, the department may also award a prisoner program credit reductions from his or her term of confinement as provided in this section. Within 90 days of the enactment of this section, the secretary shall promulgate regulations that provide for credit reductions for inmates who successfully complete specific program performance objectives for approved rehabilitative programming ranging from credit reduction of not less than one week to credit reduction of no more than six weeks for each performance milestone. Regulations promulgated pursuant to this subdivision shall specify the credit reductions applicable to distinct objectives in a schedule of graduated program performance objectives concluding with the successful completion of an in-prison rehabilitation program. Commencing upon
the promulgation of those regulations, the department shall thereafter calculate and award credit reductions authorized by this section. However, a prisoner may not have his or her term of imprisonment reduced more than six weeks for credits awarded pursuant to this section during any 12-month period of continuous confinement.
(b)
Program credit is a privilege, not a right. Prisoners shall have a reasonable opportunity to participate in program credit qualifying assignments in a manner consistent with institutional security and available resources. Assignments made to program credit qualifying programs shall be made in accordance with the prisoner’s case plan, when available.
(c)
As used in this section, “approved rehabilitation programming” shall include, but is not limited to, academic programs, vocational programs, vocational training, and core programs such as anger management and social life skills, and substance abuse programs.
(d)
Credits awarded pursuant to this section may be forfeited pursuant to the provisions of Section 2932. Inmates shall not be eligible for program credits that result in an inmate overdue for release.
(e)
The following prisoners shall not be eligible for program credits pursuant to this section:
(1)
Any person serving a term of imprisonment for an offense specified in subdivision (c) of Section 667.5.
(2)
Any person sentenced to state prison pursuant to Section 1170.12 or subdivisions (b) to (i), inclusive, of Section 667.
(3)
Any person required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(4)
Any person serving a term of imprisonment as a result of a violation of parole without a new term.

Legislative History

Added by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 39. (SB 18 3x) Effective January 25, 2010.