Chapter 6 – Adult Classification

61020.20.3 Favorable Behavior Since Last Review

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

  • The inmate is eligible to be considered for the full value of Favorable Behavior points for each Six Month Review Period in custody.

  • The inmate is eligible to be considered for one-half of the Favorable Behavior points for a partial review period that totals less than 6 months in custody.

• Favorable points are to be considered for each six-month review period and/or partial review period in custody for the categories noted below.

  • Favorable behavior points are to be considered only when the favorable behavior being evaluated occurred in custody during, and includes, the review period dates recorded in the Readmission Review Period Calculation section of the CDC Form 841 score sheet.

  • There is no such thing as a “partial” Partial Review Period.

• Continuous Minimum Custody (Boxes 48-49)

  • Consider the inmate’s eligibility for favorable behavior points for the Continuous Minimum Custody category when the Minimum Custody status being evaluated occurred during, and includes, the review period dates recorded in the Readmission Review Period Calculation section of the CDC Form 841 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 or partial 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 or partial review period being evaluated, through no fault of the inmate, apply favorable points only for that interrupted six-month review period or partial 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 any six-month review period or partial review period beyond the interrupted period.

  • If the inmate was housed in another jurisdiction during a six-month review period or partial 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 for which the inmate qualifies.

  • For less than a full six-month review period (partial review period), apply two (2) points for favorable behavior.

• No Serious Disciplinary (Boxes 50-51)

  • 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 Readmission Review Period Calculation section of the CDC Form 841 score sheet.

  • Apply favorable behavior points when the inmate is in custody and has not committed a serious disciplinary violation during any day of the six-month review period or partial review period being evaluated. 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 or partial review period being evaluated and there is no evidence or documentation of serious disciplinary behavior.

  • Upon evidence of serious disciplinary behavior, 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 six-month review period or partial review period being evaluated.

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

  • For less than a full six-month review period (partial review period), apply one (1) point for favorable behavior.

• Average or Above Performance in Work, School, or Vocational Program (Boxes 52-53)

  • 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 occurs during, and includes, the review period dates recorded in the Readmission Review Period Calculation section of the CDC Form 841 score sheet.

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

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

  • Favorable points are not applied for an inmate not assigned to a program.

  • Once assigned, an inmate continues to earn Work Incentive Credit. Eligibility for favorable behavior points is based on performance and requires participation in a program.

  • Consider favorable behavior points for an inmate reassigned or continued in a work, school, or vocational program who reports to a work, school, or vocational program on the first day of, or prior to, a subsequent Review Period Beginning Date.

  • Combine part-time assignments during the same 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 housed in another jurisdiction during the six-month review period or partial 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 the six-month review period or partial review period. In the absence of staff documentation of the inmate’s performance, apply favorable behavior 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 behavior points for the six-month review period or partial review period.

  • Apply two (2) favorable behavior points for each six-month review period if the inmate’s performance was rated “average” or “above average.” For less than a full six-month review period (partial review period), apply one (1) point for favorable behavior.

• Six-Month Review Periods

  • Six-month review periods are established as a standard period of time to measure behavior warranting favorable behavior points.

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

• Partial Review Period

  • A partial review period is a period of time in custody that totals less than six months between and including the review period beginning date and the date paroled. Apply half the full value of favorable behavior points for a Partial Review Period when evaluating Favorable Behavior Since Last Review on the CDC Form 841.

• Interrupted Period

  • An “interrupted period” is a six-month review period or partial 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 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 (Item C4)

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