Chapter 5 – Adult Custody and Security Operations

53130.12.4 Factors in Aggravation

• A finding of substantial factors in aggravation by a classification committee during a restoration hearing shall be cause to postpone credit restoration consideration for one additional disciplinary free period.

• Factors in aggravation may regard the specifics involved in the commission of the violation or the prior behavioral pattern of the perpetrator as follows:

  • Factors Relating to the Act

    • The act involved great violence, great bodily harm, a threat to do great bodily harm or other acts showing a high degree of cruelty, viciousness or callousness.

    • The perpetrator was armed with or used a weapon at the time of the act.

    • The victim was particularly vulnerable.

    • The act involved multiple victims.

    • The perpetrator induced others to participate in the act or occupied a position of leadership/dominance over the other participants.

    • The perpetrator threatened witnesses, prevented or dissuaded witnesses from testifying, induced others to perjure themselves, or in any way interfered with the investigation of the act.

    • The perpetrator committed other acts which could have resulted in the loss of additional credits.

    • The plan, sophistication or professionalism with which the act was carried out, or other facts, indicated premeditation.

    • The perpetrator used or involved non-prisoners in the act.

    • The act involved an actual, or attempted, taking of a hostage.

    • The act resulted in the damage to property of great monetary value.

    • The act involved a large quantity of contraband.

    • The perpetrator took advantage of a position of trust or confidence.

  • Factors Relating to the Perpetrator

    • Inmate has a pattern of violent conduct.

    • Inmate’s prior record indicates numerous acts or increasing seriousness of behavior.