Chapter 6 – Adult Classification

61020.19.3 Favorable Behavior Since Last Review

• This Section shall be used for recording and calculating in custody favorable behavior points.

  • Favorable behavior points are to be considered for each six-month review period for the categories noted below. For an annual reclassification review, two six-month periods shall be considered.

  • When a CDC Form 840 is prepared within 30 days of a six-month Review Period Ending Date, favorable points shall be applied if the inmate is within 30 days of successfully completing the six-month review period and is otherwise eligible to receive favorable points at the end of that six-month review period. However, in such cases, should the inmate be found guilty of a serious disciplinary violation or found to not meet the criteria for favorable behavior points for the review period, a correction to the favorable behavior points shall be required.

• Continuous Minimum Custody (Boxes 46-47)

  • Consider the inmate’s eligibility for favorable behavior points for the Continuous Minimum Custody category when the inmate is in custody and the Minimum Custody status being evaluated occurred during, and includes, the review period dates recorded in the Annual/6 Month Review Period Dates section of the CDC Form 840 score sheet.

  • Apply favorable behavior points for the Continuous Minimum Custody category when the inmate is assigned Minimum Custody for every day of the six-month review period being evaluated. To evaluate this item, review CDC Form 128-Gs.

  • When the inmate’s Minimum Custody assignment is interrupted during the six-month review period being evaluated, through no fault of the inmate, apply favorable points for only that interrupted six-month review period.

  • Unless the inmate was reassigned Minimum Custody on the first day of or prior to a subsequent Review Period Beginning Date, do not apply favorable behavior points for a six-month review period beyond the interrupted period.

  • If the inmate is housed in another jurisdiction during a six-month review period being considered, the counselor shall review the documents provided by the agency to determine if favorable points are appropriate. Favorable points shall be applied if documentation of assignment to Minimum Custody is provided by the agency.

  • Apply four (4) favorable behavior points for each six-month review period in custody for which the inmate qualifies.

• No Serious Disciplinary (Boxes 48-49)

  • Consider the inmate’s eligibility for favorable behavior points for the No Serious Disciplinary category when the behavior being evaluated occurs during, and includes, the review period dates recorded in the Annual/6 Month Review Period Dates section of the CDC Form 840 score sheet.

  • Apply favorable behavior points when the inmate has not committed a serious disciplinary violation in custody during any day of the six-month review period. In order to be held accountable for a serious disciplinary violation, the inmate must have been found guilty of behavior identified as serious per CCRCalifornia Code of Regulations § 3315.

  • Apply favorable behavior points for the No Serious Disciplinary category even though the inmate was incarcerated in another correctional agency (e.g., county jail, state or federal institution) during the review period evaluated and there is no evidence or documentation of serious disciplinary behavior.

  • Upon evidence of serious disciplinary behavior while the inmate was incarcerated in another correctional agency, the documentation shall establish that the inmate was determined to be guilty of conduct described as serious per CCRCalifornia Code of Regulations § 3315 in order to disqualify the inmate for consideration of favorable behavior points for the review period.

  • Apply two (2) favorable behavior points for each six-month review period in custody for which the inmate qualifies.

• Average or Above Performance in Work, School, or Vocational Program (Boxes 50-51)

  • Consider the inmate’s eligibility for favorable behavior points for the Average or Above Performance in Work, School, or Vocational Program category when the Average or Above Performance status being evaluated occurred during, and includes, the review period dates recorded in the Annual/6 Month Review Period Dates section of the CDC Form 840 score sheet.

  • Consider favorable behavior points for the Average or Above Performance category only when the inmate is in custody, assigned to a work incentive assignment, and reported on the first day of or prior to the first day of the six-month review period being evaluated.

  • When the inmate’s work, school, or vocational program assignment is interrupted during the six–month review period being evaluated, through no fault of the inmate, consider favorable points for only that interrupted six-month review period. Do not apply favorable behavior points for six-month review periods beyond the interrupted six-month review period unless the inmate again reports to a work incentive assignment on the first day of, or prior to, the next review period beginning date.

  • An unassigned inmate who received an assignment from the inmate assignment office during a lockdown period, but has been unable to report to that assignment due to the lockdown, is not eligible for favorable behavior points for the Average or Above Performance category for that six-month review period. The inmate shall continue to earn Work Incentive Credit, but is not eligible to be awarded favorable behavior points if not participating in a program.

  • Favorable points shall not be applied for Average or Above Performance in Work, School, or Vocational Program to an inmate not assigned to a program.

  • Note: An inmate earns Work Incentive Credit once assigned to a fulltime work, school, or vocational program. However, favorable behavior points are based on inmate performance in custody.

  • Consider favorable behavior points for an inmate in custody who is reassigned or continued in a work, school, or vocational program who reports to a work, school, or vocational program on or prior to a subsequent review period beginning date.

  • Combine part-time assignments within the same six-month review period which, when work/program hours are added together, are equivalent to a full-time assignment.

  • To determine eligibility for favorable points, review CDC Form 128-Gs, CDC Form 101, Work Supervisor’s Report, or CDC Forms 128-D, E, and F, Chrono-Education/Vocational.

  • If the inmate was in custody, but housed in another jurisdiction during the six-month review period being evaluated, consider favorable behavior points only if documentation of an assignment is provided by the agency. Review the documents provided by the agency to determine if favorable behavior points are appropriate.

  • If staff in the CDCRCalifornia Department of Corrections and Rehabilitation or another agency did not document the inmate’s performance and the inmate continued to be assigned, continued to report to the assignment and there is no disciplinary documentation, apply favorable behavior points for this review period. In the absence of staff documentation of the inmate’s performance, apply favorable points liberally. In other words, an isolated record (e.g., a CDC Form 128-A, Custodial Counseling Chrono) and no other indication of less than average performance shall not preclude the application of favorable points for the review period.

  • Apply two (2) favorable behavior points for each six-month review period if the inmate’s in custody performance is rated “average” or “above average.”

• Annual/Six Month Review Periods

  • Annual/Six Month Review Periods are established as a standard period of time to measure in custody behavior warranting favorable behavior points.

  • An inmate’s six-month review period is identified by the six-month period of time in custody between and including the Review Period Beginning Date and the Review Period Ending Date.

• Interrupted Period

  • An “interrupted period” is a six-month in custody review period that is interrupted on or after the Review Period Beginning Date by a change to the inmate’s assignment to Minimum Custody and/or the inmate’s performance in a Work, School or Vocational Program.

• “Through No Fault of the Inmate” as it pertains to an Interrupted Period

  • “Through no fault of the inmate” as it pertains to an interrupted period is a situation, which disrupts the inmate’s assignment, custody, or placement, based on a decision outside of the inmate’s control and the circumstances of the interruption are not within the responsibility of the inmate.

    • Examples of “through no fault of the inmate” are:

      • The inmate is transferred out to court.

      • The inmate is placed on ‘S’ time pending parole.

      • The inmate is placed in administrative segregation pending investigation and/or disciplinary action and later released with no finding of guilt.

      • The inmate is housed in a Minimum Support Facility (MSF) and learns of a death in the family. Staff re-houses the inmate in a more secure facility pending evaluation of the inmate’s escape potential.

    • Examples of interruptions that are the fault of the inmate:

      • The inmate comes to staff and asks to be “rolled up” to administrative segregation. The inmate explains that he has a drug debt that he can’t pay and stated that he can’t stay in the general population.

      • The inmate has become disruptive in school and is removed from his assignment by a classification committee.

• Total Favorable Points

  • Add the points for C1 through C3 and enter the number. Note that it is a negative value.