Chapter 5 – Adult Custody and Security Operations

53130.4 Time Credit Waiver

• Pursuant to PCPenal Code § 2934, eligible inmates may apply in writing, using CDC Form 916 (7/88), Time Credit Waiver, to receive work-time credits provided in PCPenal Code § 2933. The following conditions shall apply prior to a waiver being effective and accepted by the Department:

• Conditions for Acceptance of Time Credit Waiver

  • Assignment to, and performing in, a full-time credit qualifying program.

  • A waiver shall not be accepted from inmates who are within 30 days of their release dates or if the waiver is to be retroactive and recomputation of sentence credits would make the inmate overdue for release.

  • Upon assignment to a credit qualifying full-time program, the inmate shall present a waiver form to their counselor/caseworker for verification of the program. The counselor/caseworker shall witness the form and enter the date upon which the waiver is effective. The counselor shall forward the waiver to records for inclusion in the inmate’s C-File.

  • When it is substantiated by staff that an inmate was not provided an opportunity to exercise a waiver, the waiver shall be effective the date the inmate would otherwise have been eligible because of performance in a full-time credit qualifying program.

  • Accepted waivers shall be irrevocable.

  • All credit attributable to that portion of an inmate’s sentence served prior to the effective date of the waiver shall be retained by the inmate, except credit that was forfeited for any disciplinary violation. (Refer to DOMDepartment Operations Manual §§ 73030.8.11 and 73030.8.2 for additional details.)