Section 2931 Of Article 2.5. Credit On Term Of Imprisonment From California Penal Code >> Title 1. >> Part 3. >> Chapter 7. >> Article 2.5.
2931
. (a) In any case in which a prisoner was sentenced to the
state prison pursuant to Section 1170, or if he committed a felony
before July 1, 1977, and he would have been sentenced under Section
1170 if the felony had been committed after July 1, 1977, the
Department of Corrections shall have the authority to reduce the term
prescribed under such section by one-third for good behavior and
participation consistent with subdivision (d) of Section 1170.2. A
document shall be signed by a prison official and given to the
prisoner, at the time of compliance with Section 2930, outlining the
conditions which the prisoner shall meet to receive the credit. The
conditions specified in such document may be modified upon any of the
following:
(1) Mutual consent of the prisoner and the Department of
Corrections.
(2) The transfer of the prisoner from one institution to another.
(3) The department's determination of the prisoner's lack of
adaptability or success in a specific program or assignment. In such
case the prisoner shall be entitled to a hearing regarding the
department's decision.
(4) A change in custodial status.
(b) Total possible good behavior and participation credit shall
result in a four-month reduction for each eight months served in
prison or in a reduction based on this ratio for any lesser period of
time. Three months of this four-month reduction, or a reduction
based on this ratio for any lesser period, shall be based upon
forbearance from any act for which the prisoner could be prosecuted
in a court of law, either as a misdemeanor or a felony, or any act of
misconduct described as a serious disciplinary infraction by the
Department of Corrections.
(c) One month of this four-month reduction, or a reduction based
on this ratio for a lesser period, shall be based solely upon
participation in work, educational, vocational, therapeutic or other
prison activities. Failure to succeed after demonstrating a
reasonable effort in the specified activity shall not result in loss
of participation credit. Failure to participate in the specified
activities can result in a maximum loss of credit of 30 days for each
failure to participate. However, those confined for other than
behavior problems shall be given specified activities commensurate
with the custodial status.
(d) This section shall not apply to any person whose crime was
committed on or after January 1, 1983.