California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Article 3.3 - Credits › Section 3043.6 - Extraordinary Conduct Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notwithstanding any other authority to award or limit credit, effective August 1,
				  2017, the Director of the Division of Adult Institutions, under the direction of the
				  Secretary, may award up to twelve months of Extraordinary Conduct Credit to any
				  inmate who has performed a heroic act in a life-threatening situation or who has
				  provided exceptional assistance in maintaining the safety and security of a prison,
				  in accordance with subsection
				  3376(d)(3)(C) or
				  subsection 3376.1(d)(6). No
				  credit shall be awarded to an inmate sentenced to death or a term of life without
				  the possibility of parole.
(b) The award
				  of such credit shall advance the inmate's release date if sentenced to a determinate
				  term subject to subdivision (c) of section
				  3043 or advance the inmate'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) Upon release to parole or 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 inmate finishes
				  serving one term and immediately begins serving a consecutive term, any excess
				  credit shall be applied to that consecutive term.
(d) Credit Forfeiture and Restoration.
				  Extraordinary Conduct 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.
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 including amendment transmitted to OAL 9-26-88 and filed
					 10-26-88 (Register 88, No. 50).
7. New subsection (a)(4), amendment of
					 subsection (b)(1) and new subsections (e)-(f) 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. Certificate of Compliance as to 12-20-91
					 order including amendment of subsection (b)(1) transmitted to OAL 4-20-92 and filed
					 5-28-92 (Register 92, No. 24).
9. Change without regulatory effect
					 amending subsection (c)(1) filed 2-5-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 6).
10. Amendment of section and 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.
11.
					 Certificate of Compliance as to 10-23-2003 order transmitted to OAL 3-19-2004 and
					 filed 5-3-2004 (Register 2004, No. 19).
12. Amendment filed 6-9-2006;
					 operative 7-9-2006 (Register 2006, No. 23).
13. Amendment of subsection
					 (a)(3), new subsection (a)(3)(A), subsection relettering, amendment of newly
					 designated subsections (a)(3)(C)-(E) and amendment of NOTE filed 2-5-2009 as an
					 emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a
					 certification that the operational needs of the Department required filing of these
					 regulations on an emergency basis and were deemed an emergency pursuant to Penal
					 Code section
					 5058.3. A
					 Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency
					 language will be repealed by operation of law on the following day.
14.
					 Certificate of Compliance as to 2-5-2009 order transmitted to OAL 6-25-2009 and
					 filed 7-28-2009 (Register 2009, No. 31).
15. 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.
16.
					 Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and
					 filed 8-4-2010 (Register 2010, No. 32).
17. Amendment of subsection
					 (a)(3) and new subsection (a)(4) filed 12-20-2011; operative 1-19-2012 (Register
					 2011, No. 51).
18. Amendment of subsection (a)(4) 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.
19. Certificate of Compliance as
					 to 10-29-2013 order, including amendment of subsection (a)(4), transmitted to OAL
					 4-4-2014 and filed 5-14-2014; amendments effective 5-14-2014 pursuant to Government
					 Code section
					 11343.4(b)(3)
					 (Register 2014, No. 20).
20. Amendment of subsection (a)(3) filed
					 2-18-2016 as an emergency; operative 2-18-2016 (Register 2016, No. 8). Pursuant to
					 Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 7-27-2016 or emergency
					 language will be repealed by operation of law on the following day.
21.
					 Certificate of Compliance as to 2-18-2016 order transmitted to OAL 7-26-2016 and
					 filed 9-6-2016 (Register 2016, No. 37).
22. Renumbering of former section
					 3043.6 to section
					 3043.8 and new section
					 3043.6 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.
23.
					 Renumbering of former section
					 3043.6 to section
					 3043.8 and new section
					 3043.6 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.
24.
					 Renumbering of former section
					 3043.6 to section
					 3043.8 and new section
					 3043.6 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.
25.
					 Certificate of Compliance as to 12-18-2017 order, including amendment of subsections
					 (a) and (c), 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).
26. Amendment of subsections (b)-(d) filed
					 4-28-2021 as an emergency; operative 5-1-2021 (Register 2021, No. 18). Pursuant to
					 Penal Code section
					 5058.3 and Executive
					 Orders N-40-20 and 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.
27. Editorial correction of HISTORY 26 (Register 2021, No.
					 36).
28. Amendment of subsections (b)-(d), including further amendment of
					 subsection (d), 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.
29. Amendment of subsections (b)-(d) 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.
30. Certificate of Compliance as to 3-28-2022 order
					 transmitted to OAL 6-27-2022 and filed 8-8-2022 (Register 2022, No. 32).
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
						2935 and
						3041, Penal
						Code.
The amended version of this section by
					 Register
					 2024, No. 28, effective 7/1/2024 is not yet
					 available.