Cal. Code Regs. tit. 15 § 3043.5

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 3043.5 - Educational Merit Credit

(a) The award of Educational Merit Credit requires the achievement of a significant academic accomplishment which will provide incarcerated persons with life-long rehabilitative benefits. Specifically, the achievement of an accredited high school diploma (or high school equivalency), a collegiate degree (at the associate, bachelor, or post-graduate level), or a professional certificate as an Alcohol and Drug Counselor shall entitle an incarcerated person to the benefits of this credit.

(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 Educational Merit Credit pursuant to this section. The award of Educational Merit 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. Educational Merit Credit shall be awarded in the increments set forth in the schedule below upon demonstrated completion of the corresponding diploma, certificate, or degree:

(1) Category 1. High School Diploma or High School Equivalency from an educational institution accredited by an accrediting agency approved by the United States Department of Education: 90 calendar days (took effect August 1, 2017), 180 calendar days (effective May 1, 2019).

(2) Category 2. Occupational Mentor Certification Program (alcohol and other drug counselor certification recognized and approved by the California Department of Health Care Services): 180 calendar days.

(3) Category 3. Associate of Arts or Science Degree from an educational institution accredited by an accrediting agency approved by the United States Department of Education: 180 calendar days.

(4) Category 4. Bachelor of Arts or Science Degree from an educational institution accredited by an accrediting agency approved by the United States Department of Education: 180 calendar days.

(5) Category 5. Post-Graduate Degree from an educational institution accredited by an accrediting agency approved by the United States Department of Education: 180 calendar days.

(6) Peer Literacy Mentor: 90 calendar days (Effective December 1, 2019).

(c) Credit for each category listed in subsection (b) shall only be awarded once to an incarcerated person's release date or initial parole consideration hearing date, as described in subsection 3043(a), and once to an incarcerated person's Youth Parole Eligible Date as described in subsection 3043(f) and 3043.5(g), upon proof the diploma, certificate, or degree was conferred during the incarcerated person's current term of incarceration. Educational Merit Credit for achieving a high school diploma or high school equivalency shall not be awarded to incarcerated persons already possessing a high school diploma, approved equivalent, or college degree prior to the date the incarcerated person was received in prison for their current period of incarceration. Educational Merit Credit shall not be awarded for an associate, bachelor, or post-graduate degree, unless the incarcerated person earned at least 50 percent of the units necessary for that degree while serving their current term, the degree was conferred by an educational institution accredited by an accrediting agency approved by the United States Department of Education, and the incarcerated person arranged for an official, sealed copy of their transcript to be sent by the educational institution directly to the Principal at the incarcerated person's institution. Credit for such degrees shall be effective on the date the credit is entered into the department's information technology system. Commencing May 1, 2019, incarcerated persons who earned a High School Diploma or High School Equivalency that was entered into the department's information technology system on or after August 1, 2017, through April 30, 2019, shall be awarded an additional 90 calendar days of credit.

(1) Office of Correctional Education staff shall conduct a review for any information located in the Strategic Offender Management System (SOMS) and the Electronic Records Management System (ERMS) indicating the incarcerated person has received their high school diploma, High School Equivalency (HSE) certificate, or college degree conferred by an educational institution accredited by an accrediting agency approved by the United States Department of Education. This review shall also include review for any claims by the incarcerated person that they have received a high school diploma, HSE certificate, or college degree.

(2) Office of Correctional Education staff shall verify the incarcerated person's receipt of a high school diploma or college degree by obtaining the official transcript from the school from which the incarcerated person claims to have graduated. Office of Correctional Education staff shall verify the incarcerated person's receipt of a HSE certificate by obtaining the incarcerated person's HSE certificate from any general educational development database or obtaining a letter from the high school from which the incarcerated person took the HSE exam that confirms the incarcerated person received a HSE certificate.

(3) Office of Correctional Education staff shall document their review and verification of an incarcerated person's educational history in the education section of SOMS. Documentation of the review and verification shall include: the date of the request for the release of the transcript, HSE certificate, or letter confirming the incarcerated person received a HSE certificate; the name of the entity to which the request was submitted; the date that the transcript, HSE certificate, or letter confirming the incarcerated person received a HSE certificate was received; whether the incarcerated person earned their high school diploma, HSE certificate, or college degree; and the date, time, and name of any staff person who entered any of the above information into SOMS. Office of Correctional Education staff shall scan a copy of the transcript, HSE certificate, or letter confirming the incarcerated person received a HSE certificate into ERMS. If Office of Correctional Education staff cannot verify the incarcerated person's receipt of a high school diploma or HSE certificate, the incarcerated person shall be eligible to participate in a high school diploma or high school equivalency program, which shall allow them to earn Education Merit Credit awards.

(d) Within 30 calendar days of receiving documentation from an incarcerated person indicating completion of an Educational Merit Credit, during the incarcerated person's current term of incarceration, department staff shall verify completion of the diploma, certificate, or degree in the department's information technology system.

(e) 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 shall be applied to that consecutive term.

(f) Credit Forfeiture and Restoration. Educational Merit 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.

(g) Effective January 1, 2022, the award of Educational Merit Credit as set forth in this section shall also advance an incarcerated person's Youth Parole Eligible Date as described in Title 15, Division 2, subsection 2441(b), and Title 15, Division 3, subsection 3498.2(b), except when the incarcerated person is a youth offender sentenced to life without the possibility of parole as described in Title 15, Division 2, subsection 2440(b), and Title 15, Division 3, subsection 3498.1(b).

(h) Notwithstanding subsection 3043.5(g), commencing January 1, 2022, Educational Merit Credit entered into the department's information technology system on or after August 1, 2017 shall be applied to advance an incarcerated person's Youth Parole Eligible Date pursuant to section 2441, subsections (b)(1)-(3) of Title 15, Division 2, and section 3498.2, subsections (b)(1)-(3) of Title 15, Division 3. Educational Merit Credit forfeitures do not affect the application of earned Educational Merit Credit in the Youth Parole Eligible Date calculation.

Cal. Code Regs. Tit. 15, § 3043.5

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 Sections 2053.1 and 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 Sections 2053.1 and 3041, Penal Code.

1. New section 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.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section 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.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section 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.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Amendment of subsection (b), repealer of subsection (c)(4), and new subsections (d)-(g) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of subsection (a)(2) (Register 92, No. 4).
9. Certificate of Compliance as to 12-20-91 order including amendment of subsection (f) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
10. Amendment of subsection (c) filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (c) refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
13. Amendment of subsection (c) filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 2-21-96 order transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
15. Amendment of subsection (e) and amendment of Note filed 10-23-2003 as an emergency; operative 10-23-2003 (Register 2003, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-1-2004 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-23-2003 order transmitted to OAL 3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
17. Amendment of subsection (a)(1) filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
18. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
19. Amendment of section heading, repealer of subsection (a)(3) and amendment of subsection (d)(1) 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.
20. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
21. New subsection (a)(3) and amendment of subsections (d)(1)-(d)(2)(B) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
22. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5/14/2014 (Register 2014, No. 20).
23. Renumbering of former section 3043.5 to section 3043.7 and new section 3043.5 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.
24. Renumbering of former section 3043.5 to section 3043.7 and new section 3043.5 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.
25. Renumbering of former section 3043.5 to section 3043.7 and new section 3043.5 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.
26. Certificate of Compliance as to 12-18-2017 order, including amendment of subsections (a)-(e), 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).
27. Amendment of subsections (b)-(c) 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.
28. Amendment of subsections (b)-(c) 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.
29. Certificate of Compliance as to 6-17-2019 order transmitted to OAL 9-13-2019 and filed 10/24/2019 (Register 2019, No. 43).
30. Amendment of subsection (b), new subsections (b)(1)-(6) and amendment of subsection (c) filed 4-27-2021 as an emergency; operative 4-27-2021 (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 2-1-2022 or emergency language will be repealed by operation of law on the following day.
31. Amendment of subsections (b), (e) and (f) 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.
32. Editorial correction of Histories 30 and 31 (Register 2021, No. 36).
33. Amendment of subsection (c), new subsections (g)-(h) and amendment of Note filed 12-13-2021 as an emergency; operative 1/1/2022 (Register 2021, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2022 or emergency language will be repealed by operation of law on the following day.
34. Amendment of subsections (b), (e) and (f), including further amendment of subsection (f), 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.
35. Amendment of subsection (b), new subsections (b)(1)-(6) and amendment of subsection (c) refiled 2-1-2022 as an emergency; operative 2/1/2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.
36. Editorial correction of subsection (h) (Register 2022, No. 9).
37. Amendment of subsections (b), (e) and (f) 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.
38. Amendment of subsection (b), new subsections (b)(1)-(6) and amendment of subsection (c) refiled 5-2-2022 as an emergency; operative 5/3/2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.
39. Amendment of subsection (c), new subsections (g)-(h) and amendment of Note refiled 5-24-2022 as an emergency; operative 6/11/2022 (Register 2022, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-9-2022 or emergency language will be repealed by operation of law on the following day.
40. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8/8/2022 (Register 2022, No. 32).
41. Certificate of Compliance as to 5-2-2022 order, including amendment of subsections (a), (b)(1) (b)(3)-(5) and (c), transmitted to OAL 7-20-2022 and filed 8-31-2022; amendments effective 8/31/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35).
42. Certificate of Compliance as to 5-24-2022 order, including further amendment of subsections (c) and (g) and repealer of subsection (g)(1)-(2), transmitted to OAL 8-31-2022 and filed 10-13-2022; amendments effective 10/13/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 41).
43. New subsections (c)(1)-(3) filed 4-11-2023; operative 4/11/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 15).
44. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).