Chapter 5 – Adult Custody and Security Operations

53130.12.2 Restoration of Credit Procedure

• Credits forfeited for disciplinary offenses on or after 1-1-83 shall be considered for restoration, subject to limitations outlined in PCPenal Code §§ 2931 through 2933.

• Non-Restorable Credits

  • Credit shall not be restored for any disciplinary offense in which a victim died or was permanently disabled.

    • One hundred and eighty days of credit forfeited for the commission of any felony listed in CCRCalifornia Code of Regulations § 3323 as a division A-1 offense shall not be restored.

    • Ninety days of credit forfeited for either conspiracy or attempt to commit a division A-1 offense shall not be restored.

  • Inmates may apply for credit restoration through their counselor, or re-entry specialist, using CDC Form 958, Credit Restoration Application.

• Eligibility/Hearing Determinations

  • The CDC Form 958 shall be reviewed by the counselor/re-entry specialist to determine eligibility for a scheduled hearing as follows:

    • When criteria for restoration is met, a classification hearing shall be scheduled and held within 30 days of receipt of the application.

    • When criteria for restoration is not met, a written explanation shall be provided by the counselor/re-entry specialist on the CDCForm 958 and the form returned to the inmate.

    • Hearing decisions resulting in credit restoration shall be forwarded to the records office by a copy of the CDC Form 128-G, for recalculation of the inmate’s release date.

    • Credit shall not be restored in an amount which will make the inmate overdue for release. The counselor/re-entry specialist shall carefully review the work records and disciplinary history of inmates with close release dates who are seeking restoration. The counselor shall recommend to the committee the number of days credit that can reasonably be restored at the hearing without making the inmate overdue for release. In any event, the inmate shall be advised at the hearing that the records office will determine the actual release date which shall include a minimum of 10 staff working days for release processing.

    • Credit shall not be restored if it is determined at the hearing that the inmate has refused or failed to participate in a work/training assignment during the required disciplinary free period.