Section 3043.4 - Rehabilitative Achievement Credit(a) The award of Rehabilitative Achievement Credit requires verified attendance and satisfactory participation in approved group or individual activities which promote the educational, behavioral, or rehabilitative development of an incarcerated person. To qualify for credit under this section, the purpose, expected benefit, program materials, and membership criteria of each proposed activity, as well as any affiliations with organizations or individuals outside of the department, must be pre-approved by the institution. The meeting frequency and location of each activity shall only be approved under safe and secure conditions. Incarcerated person participation in such activities shall be consistent with their custodial classification, work group assignment, privilege group, and other safety and security considerations.(b) Notwithstanding any other authority to award or limit credit, effective August 1, 2017, all incarcerated persons eligible for Good Conduct Credit pursuant to section 3043.2 shall be eligible for Rehabilitative Achievement Credit pursuant to this section. The award of Rehabilitative Achievement Credit shall advance an incarcerated person's release date if sentenced to a determinate term subject to subdivision (c) of section 3043 or advance an incarcerated person'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.(c) Standard Award Increments. (1) The following Standard Award Increment took effect on August 1, 2017. Rehabilitative Achievement Credit shall be awarded in the following increments: one week of credit for every 52 hours of participation in approved rehabilitative activities up to a maximum of four weeks of credit for 208 hours of participation in a twelve-month period.(2) The following Standard Award Increment shall commence on May 1, 2019 and supersede the Standard Award Increment in subsection (c)(1). Rehabilitative Achievement Credit shall be awarded in the following increments: 10 calendar days of credit for every 52 hours of participation in approved rehabilitative activities up to a maximum of 40 calendar days of credit for 208 hours of participation in a twelve-month period.(d) Modified Award Increments. (1) The following Modified Award Increment took effect on August 1, 2017. Rehabilitative Achievement Credit shall be awarded to incarcerated persons placed in an alternative custody setting prior to parole, including a pre-parole or re-entry program, in the following increments: one week of credit for every three months of participation up to a maximum of four weeks of credit in a twelve-month period.(2) The following Modified Award Increment shall commence on May 1, 2019 and supersede the Modified Award Increment in subsection (d)(1). Rehabilitative Achievement Credit shall be awarded to incarcerated persons placed in an alternative custody setting prior to parole, including a pre-parole or re-entry program, in the following increments: 10 calendar days of credit for every three months of participation up to a maximum of 40 calendar days of credit in a twelve-month period.(e) Award of Excess Credit. (1) Rehabilitative Achievement Credit earned prior to May 1, 2019, in excess of the four-week limit identified in subsections (c)(1) and (d)(1) during a single year (which shall commence after the incarcerated person earns their first week of such credit and each year thereafter) shall be awarded to the incarcerated person pursuant to subsection 3043.4(e)(2). Upon release to parole, release to community supervision, or discharge from parole, any excess credit under this section shall be deemed void. One week is equivalent to seven calendar days.(2) Commencing May 1, 2019, Rehabilitative Achievement Credit earned in excess of 40 calendar days in a twelve-month period, as identified in subsections (c)(2) and (d)(2), shall be awarded to the incarcerated person on their next credit anniversary, defined as one year after the incarcerated person earns their first Rehabilitative Achievement Credit, and each year thereafter. Upon release to parole, discharge including discharge to community supervision and discharge based on a court order, any excess credit under this section shall be deemed void. If instead an incarcerated person finishes serving one term and immediately begins serving a consecutive term, any excess credit awarded under this section shall be applied to that consecutive term.(f) Under the direction of the Secretary and in conjunction with the Director of the Division of Adult Institutions, every Warden shall periodically (but no less than once per year) issue a separate local rule in compliance with subdivision (c) of section 5058 of the Penal Code for each particular prison or other correctional facility identifying the Rehabilitative Achievement Credit activities which comply with subsection (a) and are approved at that location.(g) Within ten business days of completing 52 hours of approved activity under this section, staff designated by the Warden at each institution shall verify the incarcerated person's completion of the hours necessary for this credit, confirm the incarcerated person's eligibility to receive this credit, and ensure the credit is awarded to the incarcerated person in the department's information technology system.(h) For purposes of placement in an alternative custody setting the department shall consider the Rehabilitative Achievement Credit that may be earned during the incarcerated person's incarceration.(i) Credit Forfeiture and Restoration. Rehabilitative Achievement 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. Retroactive to August 1, 2017, 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.Cal. Code Regs. Tit. 15, § 3043.4
Note: Authority cited: Cal. Const., article I, section 32(b); and Sections 5054 and 5058, Penal Code. Reference: Cal. Const., article I, section 32(a)(2); and Section 3041, Penal Code.
Note: Authority cited: Cal. Const., art. 1, sec. 32(b); and Sections 5054 and 5058, Penal Code. Reference: Cal. Const., art. 1, sec. 32(a)(2); and Section 3041, Penal Code.
1. Certificate of Compliance including amendments transmitted to OAL 3-22-83 and filed 4-27-83 (Register 83, No. 18).
2. 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.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
4. 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.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No 24).
6. 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.
7. Certificate of Compliance transmitted to OAL 9-26-88; operative 10-26-88 (Register 88, No. 50).
8. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
9. Amendment of section and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
11. Amendment of subsection (b) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
12. Amendment of section heading and repealer and new section filed 4-13-2017 as an emergency; operative 4-13-2017 (Register 2017, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-20-2017 or emergency language will be repealed by operation of law on the following day.
13. Amendment of section heading and repealer and new section refiled 9-19-2017 as an emergency; operative 9-21-2017 (Register 2017, No. 38). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-20-2017 or emergency language will be repealed by operation of law on the following day.
14. Amendment of section heading and repealer and new section refiled 12-18-2017 as an emergency; operative 12-21-2017 (Register 2017, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 12-18-2017 order, including amendment of subsection (b), repealer and new subsections (c)-(e) and new subsections (f)-(i), transmitted to OAL 3-20-2018 and filed 5-1-2018; amendments operative 5/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 18).
16. Amendment of subsections (c), (d) and (e), new subsections (c)(1)-(2), (d)(1)-(2) and (e)(1)-(2) and amendment of subsections (f) and (g) filed 1-9-2019 as an emergency; operative 1/9/2019 (Register 2019, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2019 or emergency language will be repealed by operation of law on the following day.
17. Amendment of subsections (c), new subsections (c)(1)-(2), amendment of subsection (d), new subsections (d)(1)-(2) amendment of subsection (e), new subsections (e)(1)-(2), and amendment of subsections (f) and (g) refiled 6-17-2019 as an emergency; operative 6/19/2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-17-2019 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 6-17-2019 order, including amendment of subsection (e)(1), transmitted to OAL 9-13-2019 and filed 10-24-2019; amendments effective 10/24/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 43).
19. Amendment of subsections (b), (e)(2) and (i) filed 4-28-2021 as an emergency; operative 5/1/2021 (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 2-7-2022 or emergency language will be repealed by operation of law on the following day.
20. Editorial correction of History 19 (Register 2021, No. 36).
21. Amendment of subsections (b), (e)(2) and (i), including further amendment of subsection (i), refiled 12-28-2021 as an emergency; operative 12/28/2021 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
22. Amendment of subsections (b), (e)(2) and (i) refiled 3-28-2022 as an emergency; operative 3/29/2022 pursuant to Government Code section 11346.1(d) (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
23. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8/8/2022 (Register 2022, No. 32).
24. Change without regulatory effect amending subsections (d)(1)-(2) filed 9-8-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 36).
25. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).