Section 2933.05 Of Article 2.5. Credit On Term Of Imprisonment From California Penal Code >> Title 1. >> Part 3. >> Chapter 7. >> Article 2.5.
2933.05
. (a) In addition to any credit awarded pursuant to Section
2933, the department may also award a prisoner program credit
reductions from his or her term of confinement as provided in this
section. Within 90 days of the enactment of this section, the
secretary shall promulgate regulations that provide for credit
reductions for inmates who successfully complete specific program
performance objectives for approved rehabilitative programming
ranging from credit reduction of not less than one week to credit
reduction of no more than six weeks for each performance milestone.
Regulations promulgated pursuant to this subdivision shall specify
the credit reductions applicable to distinct objectives in a schedule
of graduated program performance objectives concluding with the
successful completion of an in-prison rehabilitation program.
Commencing upon the promulgation of those regulations, the department
shall thereafter calculate and award credit reductions authorized by
this section. However, a prisoner may not have his or her term of
imprisonment reduced more than six weeks for credits awarded pursuant
to this section during any 12-month period of continuous
confinement.
(b) Program credit is a privilege, not a right. Prisoners shall
have a reasonable opportunity to participate in program credit
qualifying assignments in a manner consistent with institutional
security and available resources. Assignments made to program credit
qualifying programs shall be made in accordance with the prisoner's
case plan, when available.
(c) As used in this section, "approved rehabilitation programming"
shall include, but is not limited to, academic programs, vocational
programs, vocational training, and core programs such as anger
management and social life skills, and substance abuse programs.
(d) Credits awarded pursuant to this section may be forfeited
pursuant to the provisions of Section 2932. Inmates shall not be
eligible for program credits that result in an inmate overdue for
release.
(e) The following prisoners shall not be eligible for program
credits pursuant to this section:
(1) Any person serving a term of imprisonment for an offense
specified in subdivision (c) of Section 667.5.
(2) Any person sentenced to state prison pursuant to Section
1170.12 or subdivisions (b) to (i), inclusive, of Section 667.
(3) Any person required to register as a sex offender pursuant to
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(4) Any person serving a term of imprisonment as a result of a
violation of parole without a new term.