Cal. Code Regs. tit. 15 § 3371.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3371.1 - Computation of Term and Credit

(a) Terms of incarceration, credit, and release dates shall be analyzed, processed, and calculated by case records staff based upon information provided by the court, custody staff, and program staff. All documents received from the court shall be reviewed by case records staff and if any apparent sentencing discrepancies are found, case records staff shall refer them to the court for resolution. No more than 30 days after case records staff complete the computation of a term or credit, case records staff shall send notification to the affected incarcerated person of their release date and any subsequent change to their release date.

(b) Authority.

(1) The length of an incarcerated person's term is governed by the laws applicable on the date the incarcerated person's crime is committed.

(2) The credit to be applied to an incarcerated person's term is governed by Section 32 of Article 1 of the California Constitution, and the regulations promulgated pursuant there to.

(c) Definitions.

(1) Credit.

(A) Pre-Sentence Credit. Pre-sentence credit is the credit granted by the sentencing court for time served up to and including the sentencing date pursuant to sections 2900.1, 2900.5, 2933.1, and 4019 of the Penal Code. Any credit granted by the sentencing court for time served after the date the incarcerated person is received into the jurisdiction of the department shall not be applied but instead shall be awarded by the department pursuant to this chapter.

(B) Post-Sentence Credit. Post-sentence credit is the credit awarded by the department for actual days served in county jail between the date of the incarcerated person's sentencing and the date the incarcerated person is received into the jurisdiction of the department.

(C) Vested credit. Vested credit is the Good Conduct Credit awarded by the department pursuant to section 3043.2 of this title based on the number of actual days served in county jail between the date of the incarcerated person's sentencing and the date the incarcerated person is received into the jurisdiction of the department. Vested credit shall not be forfeited.

(2) Dead time. Dead time is the length of time an incarcerated person is out of custody due to being at-large while on escape status, at-large while absconded on parole, released on bail, released on own recognizance, released on bond pending appeal, or prematurely released. Dead time shall not be included in any determination of credit.

(3) Release Date.

(A) Earliest Possible Release Date. The Earliest Possible Release Date is the earliest date an incarcerated person serving a determinate term may be released from one single or aggregated term. The Earliest Possible Release Date is a fluid date as credit may be earned and forfeited throughout the incarcerated person's incarceration.

(B) Maximum Release Date. The maximum release date is the date an incarcerated person shall be released from one single or aggregate term if they serve the full-term imposed by a court of law, taking into consideration the (1) pre-sentence credit; (2) post-sentence credit; (3) vested credit; (4) administrative credit; and (5) dead time. Each aggregate term or fully consecutive term of incarceration will have its own Maximum Release Date.

(4) Terms of Incarceration.

(A) A term of incarceration is the period of time imposed by the court for a single offense.

(B) An aggregate term of incarceration is the sum of the following:

1. the principal term;

2. any subordinate term;

3. any additional term imposed for applicable enhancements, including enhancements for prior convictions, prior prison terms, and section 12022.1 of the Penal Code;

4. any term or enhancement that is stayed; and

5. any term or enhancement where the punishment is stricken.

(C) A fully consecutive term of incarceration begins when the incarcerated person would have otherwise been released from prison.

(d) Administrative Credit. Credit shall be applied administratively to an incarcerated persons term, if not awarded by the sentencing court, pursuant to Penal Code sections 2900.1 and 2931, as well as the following:

(1) A commitment received on or after September 15, 1965, where the incarcerated person served time for diagnostic observation pursuant to section 1203.03 of the Penal Code;

(2) Time served in the Division of Juvenile Justice on the same offense for which they were committed to the department pursuant to section 1782 of the Welfare and Institutions Code; and

(3) Time served in the Department of State Hospitals on the same offense for which they were committed to the department.

(e) Sentences Deemed Served.

(1) Notwithstanding subsection 3043(c) of this division, if the application of pre-sentence credit, post-sentence credit, vested credit, and administrative credit results in a determination that the incarcerated person's sentence was served in full prior to their arrival in prison, they shall be released no later than ten business days after their arrival in prison.

(2) Notwithstanding subsection 3043(c) of this division, if an abstract of judgment, amended abstract of judgment, or other court order is received for an incarcerated person who has been incarcerated by the department for at least five business days and it is determined that the incarcerated person is immediately eligible for release or eligible for release within the following five business days, they shall be released no later than five business days after receipt of the abstract of judgment, amended abstract of judgment, or court order.

(3) Notwithstanding subsection 3043(c) of this division, if notification is received from the Board of Parole Hearings to release an incarcerated person granted parole pursuant to sections 3041 or 3051 of the Penal Code or section 3055 of the Penal Code beginning January 1, 2018, they shall be released no later than five business days after receipt of the notification.

(f) What Constitutes a "Day."

(1) In general, an incarcerated person must serve a full 24-hour period to receive credit for that day.

(2) The day an incarcerated person is received in prison shall be counted as a full day regardless of the actual time of day they are received.

(3) The day an incarcerated person is paroled or discharged shall be counted as the first full day of parole supervision or post-release community supervision, if applicable, regardless of the actual time of day they are paroled or discharged.

(g) Consecutive, Concurrent, or Stayed Violent Felonies.

(1) If a single sentencing court or separate sentencing courts impose an aggregate term of incarceration as defined in subsection (c)(4)(B) of this section and at least one conviction or enhancement is listed in subdivision (c) of section 667.5 of the Penal Code, then all convictions and enhancements shall be considered violent for the purpose of Good Conduct Credit.

(2) While an incarcerated person is serving a term for a violent offense as defined in subdivision (c) of section 667.5 of the Penal Code concurrently with a term for a non-violent offense, Good Conduct Credit shall be determined based on the violent offense. Upon completion of the term for a violent offense, Good Conduct Credit shall be determined based on the remaining non-violent offense.

(h) Striking the Strike Allegation. When allegations pursuant to section 1170.12 or subdivisions (b) through (i) of section 667 of the Penal Code are stricken by the sentencing court in accordance with subdivisions (a) or (c) of section 1385 of the Penal Code, Good Conduct Credit will be applied based on the provisions found in section 3043.2(b)(4) of this title.

Cal. Code Regs. Tit. 15, § 3371.1

Note: Authority cited: Cal. Const., art. 1, sec. 32(b), Sections 2930, 2931, 2932, 2932.5, 2933, 2933.05, 2933.1, 2933.2, 2933.3, 2933.5, 2933.6, 2934, 2935 and 5058, Penal Code. Reference: Sections 667, 667.5, 1168, 1170, 1170.1, 1170.12, 1192.7, 1203, 2900, 2900.1, 2900.5 and 5054, Penal Code; Section 1782, Welfare and Institutions Code; In re Thomas (1982) 132 Cal.App.3d. 779; People v. Ramos (1996) 50 Cal.App.4th 810; In re Pope (2010) 50 Cal.4th 777; In re Pacheco (2007) 155 Cal.App.4th 1439; In re Reeves (2005) 35 Cal.4th 765; and People v. Sengdara (Super. Ct. Orange County, 2016, No. M-16673XA).

1. New section 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.
2. Certificate of Compliance as to 12-20-91 order including amendment of subsection (d)(1) transmitted to OAL 4-20-92 and filed 6-2-92 (Register 92, No. 24).
3. New subsection (h) and amendment of Note filed 12-10-2002; operative 1-9-2002 (Register 2002, No. 50).
4. Change without regulatory effect amending subsection (b)(4) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
5. Amendment of section heading, repealer and new section and amendment of Note filed 12-29-2017 as an emergency; operative 1-1-2018 (Register 2017, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-11-2018 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading, repealer and new section and amendment of Note refiled 6-7-2018 as an emergency pursuant to Penal Code section 5058.3; operative 6/12/2018 (Register 2018, No. 23). Pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(h), a Certificate of Compliance must be transmitted to OAL by 9-10-2018 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-7-2018 order, including amendment of section and further amendment of Note, transmitted to OAL 9-5-2018 and filed 10-17-2018; adopted operative 10/17/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 42).
8. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).