Chapter 7 – Adult Case Records Information

Time computations shall be completed in a uniform manner to ensure that release dates are true and correct.

This section sets forth uniform procedures for the computation of terms.

The phrase “Time Computation” describes the Department’s uniform method for determining and computing an inmate’s term, minimum and maximum release dates.

An inmate’s time is calculated and computed in years, months, and days.

The method of time computation and appropriate application of credit to a term of a sentenced felon is governed by whichever law or set of laws apply on the date a crime is committed.

The primary sentencing laws applicable to non-life terms are the:

• Indeterminate Sentence Law (ISLIndeterminate Sentence Law) [PC1168(b) and 1170.2].

  • Crime committed prior to 7177.

• Determinate Sentence Law (DSLDeterminate Sentence Law) [PCPenal Code 667.6(c), 1168(a), 1170, and 1170.1].

  • Crime committed on or after 7177.

The primary laws affecting credit on a term of imprisonment are:

• PCPenal Code 2931 and 2934 (DSLDeterminate Sentence Law).

  • Crime committed on or after 7177 and prior to 1183.

• PCPenal Code 2933 DSLDeterminate Sentence Law-IW/TIP.

  • Crime committed on or after 1183.

Credit for the total of any time served prior to reception into departmental custody, and good time credit on those days is called “pre-prison credit.”

Pre-prison credits apply to the time period as if the time credited had been served in State prison.

All credits ordered by the sentencing court shall be applied when calculating the term(s).

Pre-sentence credit, credit for prior time served in county jail or other county facilities pursuant to PCPenal Code 2900.5, and good time on those days pursuant to PCPenal Code 4019 is ordered by the court and will be reflected on the legal document.

Credit for time served shall be granted and administratively applied if the credits are not reflected on legal documents for:

• Prior time spent under indeterminate commitment as a mentally disordered offender (PCPenal Code 1600.5).

• Commitment received on or after September 15, 1965, where there was prior confinement for diagnostic observation and recommendation (PCPenal Code 1203.03).

• Prior time served under commitment pursuant to the W&I 3200.

• CYASee Division of Juvenile Justice (DJJ) time in custody for the same offense (W&I 1782).

Credit for time served under a judgment subsequently declared invalid or modified shall be granted and administratively applied if a person is recommitted for the same criminal act or acts and the credits are not reflected on the Abstract(s) of Judgment (PCPenal Code 2900.1).

Credit for the number of days between sentencing and actual delivery to departmental custody and good time on post-sentence credit shall be administratively granted and applied pursuant to PCPenal Code 2900.5(e).

• Postsentence credit shall not apply to a term ordered to run consecutively to another term presently being served.

• Postsentence credit shall not apply to the case of an inmate who returns from court with an additional commitment which occurs after/as a result of revocation of probation.

• Postsentence credits shall not apply to a term if due to a plea bargain the court stipulates that PCPenal Code 2900.5 credits are not to be granted.

Upon receipt of an amended Abstract of Judgment or Minute Order modifying credits, the CCRMCorrectional Case Records Manager shall re-compute the release date, minimum eligible parole date (MEPD), minimum term or maximum term, and make appropriate changes in all records.

• On ISLIndeterminate Sentence Law cases, if the inmate has not appeared for an initial parole consideration hearing, place on appropriate calendar in accordance with BPT Rule 2304. If the inmate has had an Initial Parole Consideration Hearing, schedule for Subsequent or Progress Hearing on the next available calendar.

Upon receipt of a judgment or an amended judgment or court order, if after application of pre-prison credit the inmate is overdue for release, the inmate shall be released within five working days.

Five working days are allowed to provide records staff sufficient time to correct and audit the records and to prepare necessary release documents.

Work time credits shall be entered only to the date calculated as the earliest possible release date (EPRDEarliest Possible Release Date). Credit from the calculated release date to the date of actual release will be entered into OBISOffender Based Information System as “Sosa Credit.” The entry on the CDC Form 112 shall read, “Parole period ____________ years minus ____________ days In re Sosa.”

People v Montalvo (2 Crim 38558 1982) stated that the matter of granting pre-sentence credit at time of sentencing is done in open court and any challenges to the amount of credit granted should be made by counsel at that time.

Only the following credit issues shall be referred to the sentencing court for resolution:

• Any case that has credit granted which is prohibited by In re Rojas. This includes in-prison offenses, crimes committed while on escape, and consecutive cases sentenced after intial receipt in CDC which includes credit for time served after initial receipt.

• Resentenced cases wherein the court has granted erroneous time spent in CDC.

• Probation revocation cases that include more than 60 days custody credit that is also being given by the Department.

• Cases that reflect differing amounts of credits on the legal documents.

• Cases wherein the court has granted “day-for-day” PCPenal Code 4019 credit.

The procedures set forth in this section shall apply to determinate sentence law terms and cases recalculated pursuant to PCPenal Code 1170.2(a)(b).

All pre-prison credit shall be deducted from the DSLDeterminate Sentence Law term, including enhancements for use of weapons, possession of a weapon, or great bodily injury and enhancements for prior prison terms and any other enhancements.

Pre-prison credit is applicable only to the term to which it is attributable; i.e., court case number to that particular crime.

Concurrent terms are computed separately, applying the applicable pre-prison credit to each term.

All pre-prison credit attributable to the DSLDeterminate Sentence Law principle term shall be deducted from that term only.

Pre-prison credit attributable to each consecutive case or count shall be applied only to the subordinate term to which it is attributable.

Any pre-prison credit attributable both to the principal term crime and to any subordinate term crime shall be deducted from the total term.

Any pre-prison credit in excess of the term assessed for a principal and/or subordinate term shall be used to reduce the maximum parole period (In re Sosa).

Pre-prison credits do not change the statutory requirement for the minimum eligible parole date (MEPD), minimum term or maximum term, but apply to the time periods as if the time credited had been served in State prison.

Applicable pre-prison credit shall be applied to any parole date or term of imprisonment no later than one week after it has been established or fixed by the BPT. The total number of days to be credited shall be contained in the Abstract of Judgment or Minute Order as the commitment document.

No pre-prison credits shall be used to offset time assessed for prior prison terms.

Single offense. All pre-prison credit attributable to the base offense shall be deducted from the base period of confinement determined by the BPT.

Multiple offenses. Pre-prison credit shall be deducted from the base period of confinement and the multiple crime adjustment established by the BPT.

Pre-prison credit shall not be deducted from any other adjustment.

No overlapping pre-prison credit shall be applied.

• Preprison credit attributable only to the base offense shall be deducted from the base period confinement.

• Preprison credit attributable only to multiple crimes shall be deducted from the multiple crime adjustment.

• Preprison credit attributable both to the base offense and to multiple crimes shall be deducted from the base period of confinement.

• Any preprison credit in excess of the base period of confinement shall be deducted from the multiple crime adjustment for each multiple crime to which the preprison credit is attributable.

• Preprison credit attributable to multiple crimes shall be deducted from the adjustment beginning with the adjustment for the earliest crime and deducting any remaining preprison credit from the adjustments following the chronological order of the crimes.

Pre-prison credit in excess of the base period of confinement or the multiple crime adjustment shall be deducted from the maximum period of parole (In re Sosa).

Time spent under outpatient status on an “N” commitment is not applicable to parole dates or secondary discharge date.

Time spent as a civil addict outpatient shall apply to ISLIndeterminate Sentence Law maximum terms.

CYASee Division of Juvenile Justice (DJJ) time in custody for the same offense is applicable to the parole date or secondary discharge date.

A BPT action granting parole effective on a specific date is not affected by pre-prison credits.

A BPT action, fixing/re-fixing a term to discharge as of a specific date is not affected by pre-prison credits.

A discharge date fixed/re-fixed by a BPT action cannot fall beyond the expiration of the statutory maximum of the term less pre-prison credits, or occur prior to the statutory minimum term less pre-prison credits.

Good time credit earning capability after reception into departmental custody is the calculated number of days that can be deducted from a sentence for good behavior and for participation in a work/training program.

The determinate sentence law provides for a one-third reduction of sentence for inmates who function satisfactorily while incarcerated subject to the provisions of PCPenal Code 2931.

This one-third reduction is divided into behavior credits (BC) and participation credits (PCPenal Code), collectively called good time/work time credits.

Any case factors that cause the term of the inmate to be modified shall necessitate the recalculation of good time/work time credit.

The provisions of PCPenal Code 2931 apply to any term that was sentenced pursuant to PCPenal Code 1170 for offenses committed between 7-1-77 and 12-31-82 or for all offenses if committed prior to 7-1-77 and recalculated pursuant to PCPenal Code 1170.2.

Inmates serving a sentence(s) for an offense committed on or after January 1, 1983, or on offenses committed prior to January 1, 1983 in which the inmate has exercised a waiver pursuant to PCPenal Code 2934 shall serve the entire or remaining portion of the sentence imposed by the court, except for a reduction in time served for performance of work, training, and/or education programs.

Earned work time for inmates in fulltime credit-qualifying programs is a reduction in sentence of one day for each day worked/participated in an education or training program. A minimum of six hours must be recorded each assigned workday to earn fulltime credit.

• Worktime credit earned pursuant to PCPenal Code 2933 shall not apply to life terms with the following exceptions:

  • Sentences for attempted assassinations as specified in PCPenal Code 217.1(b).

  • Habitual offenders sentenced pursuant to PCPenal Code 667.7(a)(1) andPC 667.75.

• Worktime credit earned pursuant to PCPenal Code 2933 shall not apply to terms where the court has found that the provisions of PCPenal Code 2933.5 apply.

The policy and procedures relating to the IW/TIP are contained in the CCRCalifornia Code of Regulations 3043, 3044, and 3045.

Those inmates whose commitment offenses occurred after 7-1-77 and prior to 1-1-83 and those whose terms were recalculated pursuant to PCPenal Code 1170.2, and are in full-time credit-qualifying work/training assignments, have the option to waive rights to good time credits under PCPenal Code 2931 and to earn work time credits pursuant to PCPenal Code 2933. (Inmates in less than full-time assignments will not benefit from waiving such rights.) See DOMDepartment Operations Manual 73030.8.11.

The recording and computing of good time/work time credits that are earned, forfeited, and restored are essential elements in the keeping of accurate inmate term information.

Credits earned are the recorded number of days that have been reported indicating the inmate’s daily participation in assigned work, training, and/or education programs.

Credit forfeited is the number of good time/work time days that are assessed for a disciplinary infraction(s).

Any person serving a SHUSecurity Housing Unit term as a result of any serious disciplinary infraction shall, in addition to any forfeiture of time credits, be ineligible to receive work time credits for the length of the credit loss or the SHUSecurity Housing Unit term, whichever is shorter.

Credit liens are those credits assessed by the disciplinary hearing officer/committee and confirmed by proper classification committee action that are in excess of credits already earned and will be recorded as a lien against credits to be earned.

Credits restored are those forfeited good time/work time credits that are:

• Restored through the review or appeal process.

• Reinstated by a classification committee to the inmate following a clean disciplinary period pursuant to PCPenal Code 2933 and DOMDepartment Operations Manual 52080.

The IW/TIP Time Collection and Time Adjustment Systems for DSLDeterminate Sentence Law inmates are automated and are part of OBISOffender Based Information System.

Time collection for credit-earning lifer cases may be maintained in the computer; however, time adjustments for determining the MEPD shall be calculated manually.

The time collection and time adjustment systems permit direct input of IW/TIP work time, credit losses and restorations, and the scanning of the CDC Form 191, Inmate Timecard, using the DDPSDistributed Data Processing System.

The systems will not interface with the DSLDeterminate Sentence Law commitment and Good time Credit (GTC) systems until commitment data have been modified and GTC has been vested.

Classification chrono information relating to IW/TIP and inmate timecard data shall be entered or scanned into the system upon receipt in the case records office.

All timecards shall be filed on top of the general chronos. This shall eliminate the possibility of losing timecards prior to purge. See DOMDepartment Operations Manual 73030.10.2 and 73030.16.9 for purge requirements.

Commitment data and the rules for sentencing as prescribed by statute are outlined in this section.

All commitment data will be entered into OBISOffender Based Information System as instructed in DOMDepartment Operations Manual 41020.

When a judgment has been pronounced, the sentencing court directs forwarding of certified copies of the commitment documents (PCPenal Code 1216):

• Abstract of Judgment and/or Minute Order pursuant to PCPenal Code 1213 and 1213.5.

• Charging document/Information pursuant to PCPenal Code 1203.01.

• Transcript of proceeding at time of plea, if the defendant pleaded guilty pursuant to PCPenal Code 1203.01.

• Transcript of proceedings at time of sentencing pursuant to PCPenal Code 1203.01.

The principal term consists of the greatest term of imprisonment imposed by the court for any of the crimes, including any enhancements imposed pursuant to PCPenal Code 667.8, 667.85, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.6, 12022.7, 12022.75, 12022.8, or 12022.9; and, H&SCHealth and Safety Code 11370.4 or 11379.8. (Refer to PCPenal Code 1170.1(a) for any additional enhancements.)

A full consecutive (CSControl Services) sentence is an enhancement (Cal Rules of Court, Rule 405(c)). Wholly consecutive terms include inprison offenses pursuant to PCPenal Code 1170.1(c), certain sex offenses as specified in PCPenal Code 667.6(c), multiple felony convictions as specified in PCPenal Code 1170.15, and any other offense fully CSControl Services by statute.

The subordinate term for each consecutive offense shall consist of onethird of the middle term of imprisonment prescribed for which a CSControl Services term of imprisonment is imposed, except those subordinate terms for specific offenses as specified in PCPenal Code.

Subordinate terms for “Violent Felonies” defined in subsection(c) of PCPenal Code 667.5 shall include onethird of any enhancement imposed pursuant to those sections set forth in PCPenal Code 1170.1(a).

Subordinate terms for any offense not listed in subsection (c) of PCPenal Code 667.5 shall exclude any enhancements. (PCPenal Code 1170.1(a)).

The total term for subordinate non-violent felonies shall not exceed five years, except when a CSControl Services sentence is being imposed pursuant to PCPenal Code 1170.1(b) and (c)). PCPenal Code 1170.95 and other code sections providing exception.

The term of imprisonment shall not exceed twice the number of years imposed as the base term pursuant to PCPenal Code 1170(b) unless the person has been convicted of a felony listed in PCPenal Code 667.5(c) or enhancements are imposed pursuant to PCPenal Code 1170.1 (b), (c), and (g) or H&SCHealth and Safety Code 11370.4.

Concurrent (CCCorrectional Counselor) terms are terms for multiple cases or counts that are served simultaneously or terms which can be served at the same time.

When an additional commitment is received by mail or after an inmate is returned from court with additional commitment where the trial and conviction occurred prior to imprisonment, or the commitment is a concurrent probation revoked case, the additional commitment shall be considered as wholly concurrent.

Term starts as of the date the inmate initially was received on the original term.

When an inmate is removed from prison for trial on an additional charge which was committed before his original receipt by the Department, and he/she is returned to prison with an additional commitment in which it is specified that the additional commitment is CCCorrectional Counselor with the preceding commitment(s), the additional commitment shall be considered a partially CCCorrectional Counselor term.

Time on the new term starts as of the date of return with the new CCCorrectional Counselor term.

CCCorrectional Counselor terms require a separate computation for each term or count.

The term which retains the person in custody the longest shall be the controlling term.

In addition to the penalty imposed for crimes on a sentence, terms may be enhanced for:

• Possession and/or use of weapons as specified in PCPenal Code 12022, 12022.2, 12022.3, 12022.4, and 12022.5.

• A felony committed while released on bail pursuant to PCPenal Code 12022.1.

• Felony taking, damaging, or destroying of property as specified in PCPenal Code 12022.6.

• Infliction of great bodily injury (GBI) pursuant to PCPenal Code 12022.7, 12022.8, and 12022.9.

• Felony offenses involving controlled substances as specified inH&SC §§ 11356.5, 11370.2, 11370.4, 11379.8, and PCPenal Code § 12022.75.

Pursuant to PCPenal Code 667.5 (g), a prior prison term (PPT) is a prior felony conviction which resulted in a continuous completed period of prison incarceration imposed for a particular offense alone, or in combination with CCCorrectional Counselor or CSControl Services sentences received before release on parole or discharge, whichever occurs first.

• If the person was returned to prison on revocation of parole, which is not accompanied by a new commitment to prison, the period shall count as a single PPT.

• If any inprison offense is required by law to be served after completion of an earlier prison commitment, the original commitment and the inprison commitment count as separate PPT’s.

• If the inmate was returned to prison from parole with a new term, the new term shall count as a second PPT.

• A commitment to DMHDepartment of Mental Health (see Department of State Hospitals DSH) as a mentally disordered sex offender (MDSO) following a felony conviction is a PPT if the commitment exceeds one year. If the inmate subsequently is committed to prison for the same offense after termination of the MDSO commitment the time in DMHDepartment of Mental Health (see Department of State Hospitals DSH) and CDC shall count as a single PPT.

• When an inmate subject to the custody, control, and discipline of the Director is incarcerated at a facility operated by the CYASee Division of Juvenile Justice (DJJ), that incarceration shall count as a prior prison term.

Time spent in any state or federal penal institution, including any time which is credited as service of prison time in that jurisdiction may count as a prior prison term. If served other than in California, the inmate must have actually served at least one year, and it must have been for a crime that is punishable by imprisonment in state prison in California.

A violent PPT with a violent commitment offense shall be enhanced by three years for each pled and proved PPT, unless the inmate remained free of both prison custody and the commission of an offense which results in a felony conviction for a period of 10 years immediately preceding the commission of the current commitment offense. (Violent felonies are defined in PCPenal Code 667.5(c).)

Pursuant to PCPenal Code 667(a), any person convicted of a serious felony who has previously been convicted of a serious felony (as listed in PCPenal Code 1192.7(c)) in this state, or of any offense committed in another jurisdiction which includes all the elements of any serious felony shall receive a five year enhancement for each such prior conviction on charges brought and tried separately.

There is no requirement of prior incarceration or commitment for a prior felony conviction (PFC).

PCPenal Code 1385(b) prohibits a judge from striking any prior conviction of a serious felony for purposes of enhancement of a sentence under PCPenal Code 667 for any sentence for crimes committed on or after May 6, 1986. This was added to the PCPenal Code in 1986 which abrogates the holding in People v. Fritz.

There is no limit on the number of PFCs imposed under PCPenal Code 667(a).

The total term shall be the aggregate term of imprisonment for all of the convictions and shall be the sum of the principal term, the subordinate term(s) and any additional term imposed for enhancements and/or prior prison terms.

The procedures set forth in this section shall apply to DSLDeterminate Sentence Law terms and cases recalculated pursuant to PCPenal Code 1170.2(a)(b).

The term of imprisonment fixed by a judgment commences upon actual delivery of the inmate into the custody of the Director at a place designated for reception of convicted felons (PCPenal Code 2900).

• The Director shall designate a facility of another jurisdiction as the place of reception:

  • When pursuant to the Interstate Agreement on Detainers, an inmate of another jurisdiction has been sentenced to a CCCorrectional Counselor California term.

  • When a person committed to a facility of another jurisdiction is subsequently ordered to serve a CCCorrectional Counselor California term.

The date of reception is included in its entirety regardless of the time of reception.

An inmate must serve the full 24-hour period to receive credit for any succeeding day.

The received date is the date of initial receipt into a facility of the Department, usually a reception center or a facility of another jurisdiction as designated by the Director.

The received date into a facility may be verified by checking the following documents:

• CDC Form 123, Body Receipt.

• Date and time stamped on the Abstract of Judgment or Minute Order.

Time served is the total time in years, months, and days from the date of receipt in the Department to a given date.

Time ceases to run as of the date of escape or parole suspension.

The date of the event is excluded in its entirety.

Time ceases to run when a person is released on bail or appeal bond pursuant to PCPenal Code 1272 or 1506 or any other provision of law permitting legal release and shall not be credited as service on the prison term. [PCPenal Code 2900 (c)(1).]

Time which is not credited as time served.

Dead time or at-large time is accrued while on escape status [PCPenal Code 2900(c)(2)], while parole/release has been suspended, or while released on bail or appeal bond and shall be computed in total number of days.

The number of days of dead time shall be posted on the CDC Form 112 and entered into OBISOffender Based Information System.

Dead time or at-large time ceases upon:

• Return to a departmental facility.

• Date of arrest in California of an escapee.

• Date available for return from out-of-state.

• Date of arrest in state of parole jurisdiction.

• Date bail is exonerated and inmate is remanded to custody.

PCPenal Code 2900(c)(2) states: “…the prisoner shall be deemed an escapee and fugitive from justice, until the prisoner is available to return to the custody of the Director or the State of California . . .” An escapee or parole violator is entitled to credit on their sentence for time in custody of another jurisdiction when they are held on “our Hold only” and are available for pickup by the Department’s agents.

An escapee or parole violator held in custody in another state on “our Hold only,” but who is not available because they are resisting extradition, is not entitled to credit (on the California term) served in jail while resisting extradition (In re Pearce 1974 40 Cal App 3d 399).

A parole violator in local confinement is deemed available on the date our hold was placed or, if previously declared at-large and suspended from parole supervision, on the date of arrest.

An escapee or parole violator in local confinement (California jail or DMHDepartment of Mental Health (see Department of State Hospitals DSH)) is deemed available to the Department except when they are serving a sentence in lieu of a fine or a sentence expressly ordered to run consecutively to the existing prior prison term.

The maximum release date is calculated by adding the term ordered by the court to the term starts date and subtracting applicable pre-prison credits.

ISLIndeterminate Sentence Law (crime committed prior to 7177):

• The minimum term is established by statute.

• The MEPD is determined by adding the statutory minimum term of confinement or the result of computation of aggregate minimum terms to the received date and subtracting any applicable preprison credits.

DSLDeterminate Sentence Law (PCPenal Code 2931, crime committed on or after 7177):

• The minimum DSLDeterminate Sentence Law (MINMinimum DSLDeterminate Sentence Law) release date is calculated by subtracting all applicable days of good time credit from the maximum release date.

  • This date shall be adjusted by any credits forfeited and/or restored in the disciplinary process.

DSLDeterminate Sentence Law IW/TIP (PCPenal Code 2933, crime committed on or after 1183):

• The EPRDEarliest Possible Release Date is determined in these steps:

  • Subtract all earned worktime credit, adjusted by any loss/restoration, from the maximum release date, the result of which is the current release date.

  • Subtract from the current release date the date through which credit was applied.

  • Divide the remaining number of days eligible for credit based on credit earning status.

  • Subtract the resulting number of days from the current release date. That date is the EPRDEarliest Possible Release Date.

An EPRDEarliest Possible Release Date is a projected date contingent upon the inmate remaining in the same credit earning work group, having no unexcused absences, and no forfeited or restored credit.

To determine the total amount of good time credit to be applied to reduce a term pursuant to PCPenal Code 2931:

• Add the term to the term start date for that particular case and subtract applicable presentence and postsentence credit. The resulting date is the maximum release date.

• Determine the number of days eligible for goodtime credit by subtracting the term start date from the maximum release date and adding postsentence credit.

• Divide the number of days by three. The resulting number is the total number of days of goodtime credit to be granted.

  • Fractions shall be increased to the next whole number.

• Subtract the total goodtime from the maximum release date. The resulting date is the MINMinimum DSLDeterminate Sentence Law release date.

The total good time credit shall be further divided into behavior credit and participation credit.

• The amount of participation credit is determined by dividing the total amount of goodtime credit by four.

• The remaining number of days of credit is behavior credit.

  • When calculating participation and behavior credits, fractions shall be changed to the closest whole number except when the fraction is onehalf. A fraction of onehalf shall increase beavior credits to the next whole number.

Inmates electing to waive PCPenal Code 2931 credits shall be required to sign a CDC Form 916, irrevocable Time Credit Waiver Form, to be witnessed by their counselor. The effective date shall be documented on the CDC Form 916.

The waiver shall become effective when accepted by the Department.

A waiver shall not be accepted if the inmate is within 30 days of their current release date.

The counselor witnessing the waiver shall verify the inmate’s work status and current release date and shall fill in the date the waiver shall become effective. The counselor shall immediately forward the completed and signed waiver to the CCRMCorrectional Case Records Manager for processing.

Inmates who were assigned to less than a fullday assignment on January 1, 1983, and are subsequently reassigned to a fullday assignment shall be given the same option at the time of their reassignment.

Following acceptance of a waiver, the specialist shall compute the amount of good time credit already earned on the controlling term pursuant to PCPenal Code 2931 from the date of reception into the Department on or after 7177, to the effective date of waiver.

The credit earned, minus any credit previously forfeited and/or restored by classification action on disciplinaries received prior to the effective date of waiver, shall be vested and not subject to future loss.

Vested credit on cases sentenced pursuant to PCPenal Code 2933 (crime committed on or after 1183) is good time on post-sentence credit.

The application of vested credit will generate a new Legal Status Summary, a copy of which will be sent to the inmate.

The following steps shall be taken to determine the release date on a term eligible for work time credit:

• Add the controlling term to the term start date on the controlling case and subtract applicable preprison credit. The resulting date is the maximum release date.

• The maximum release and current release dates are the same until vested credit and/or worktime credits are applied to the term.

• The adjusted maximum release date is arrived at by subtracting vested credit from the original maximum release date.

• The current release date is changed as earned worktime credits are applied and/or credits are forfeited or restored.

• The EPRDEarliest Possible Release Date is projected each time earned worktime credits or forfeited or restored credits are applied to the current release date or there is a change in credit earning status. The application of worktime credits, adjusted by any credits forfeited or restored, through any working month or portion thereof, results in a new current release date. Subtracting the date through which credit was applied from the new current release date determines the remaining number of days eligible for goodtime then divisable based on the inmate’s credit earning status. The resulting number of days subtracted from the new current release date is the EPRDEarliest Possible Release Date.

Work time credits shall be applied/gained at least once every six months.

The work credit gain will appear on subsequent work credit query computer screens.

This will generate a Legal Status Summary, a copy of which shall be given to the inmate. Staff other than case records staff shall have the inmate acknowledge receipt of the revised Legal Status Summary by signing a CDC 128B.

The contents of the Legal Status Summary may be appealed by the inmate through the Department’s appeal process and within the established time frames.

If no appeal is taken by the inmate the action shall become final and all timecards for the time worked prior to the credit gain shall be purged from the C-File.

A computer program enables identification of 1983/pre1983 mixed cases and permits case records staff to set a “flag” to alert counseling staff that an IW/TIP Waiver is needed on the pre1983 case(s).

A line, “Eligible for PCPenal Code 2934 Waiver,” has been added to the auto or manual vesting computer screen.

When entering 1983/pre 1983 mixed cases at the time of initial processing, the operator shall enter “Y”.

This entry will set the flag, and a computer-generated notation “Eligible for PCPenal Code 2934 Waiver” shall be printed on the Legal Status Summary page.

In those cases in which a waiver has been processed, the operator shall remove the flag deleting the notation from the Legal Status Summary page.

As CDC Form 115 credit losses are received, case records staff shall make a Work Credit Loss entry directly into the system.

The system will edit the entry to ensure that the log number has not been previously entered and the violation category and days lost are appropriate for the category and vice versa.

Should errors occur during the editing process, the error will be identified on the terminal screen.

The operator shall ensure any error is not an entry error.

If the error is not an entry error, the matter shall be referred to the chief disciplinary hearing officer for correction.

If no errors are found, the entry will be processed by the system resulting in a new Legal Status Summary being generated.

The credit loss will appear on subsequent work credit queries.

Modifications or reversals of a credit loss action by a classification committee or through an appeal review shall be reported immediately to the records staff. This shall be done in writing to alert staff of a pending modification of the inmate’s release date.

When a credit restoration chrono is received, case records staff shall make a Work Credit Restoration entry directly into the system.

When entered, the transaction shall be edited to ensure that the loss entry for which the time is being restored is in the system and the time restored does not exceed the original time loss.

Should errors occur during the editing process, the entry will not be accepted by the system and referral to the case records specialist for resolution and subsequent reentry is required.

If no errors are found, the entry will be processed by the system, resulting in a new Legal Status Summary being generated.

Credit restorations will appear on subsequent work credit queries.

When a Meritorious Credit Grant (MCG) chrono is received, the operator shall make an MCG entry directly into the system.

Meritorious credit shall not be granted in an amount which, when applied, will make the inmate overdue for release.

This entry will be processed by the system and a revised Legal Status Summary generated.

Meritorious credit grants shall be reflected on the CDC Form 188, Legal Status Summary.

CCRCalifornia Code of Regulations 3323 provides that in some instances a person may be retained in custody beyond their scheduled release date because of a serious disciplinary infraction for which credit may be lost though the CDC Form 115 may ultimately be dismissed or reduced to an administrative infraction.

It is necessary that the C-File reflect the reason the person was retained in custody.

The following procedures are authorized by CCRCalifornia Code of Regulations 3323 and should be used to properly record this information:

• On the scheduled release date, prepare a CDC Form 128-B chrono indicating “Subject being retained in custody pending disposition of CDC Form 115 Log #______ for which ______ days may be lost.”

• Post entry on CDC Form 112, “Retained in custody pending disposition of CDC Form 115 Log #______.”

• If the CDC Form 115 is dismissed, prepare another CDC Form 128-B indicating “CDC Form 115 of ( date ) dismissed. Subject released on parole.”

• Post entry on CDC Form 112, “Disciplinary dismissed. Released on parole. Parole period starts (indicate scheduled release date).”

• Any days attributed to time held past release date on a pending CDC Form 115 subsequently dismissed shall be deducted from the maximum parole period.

CCRCalifornia Code of Regulations 3326 provides that all references to dismissed CDC Form 115s must be removed from the records.

A parolee may be returned to custody in the following circumstances:

• After revocation of parole by the BPT for violating a condition(s) of parole pursuant to PCPenal Code 3056 (PVRTCParole Violator Return To Custody).

• Upon conviction for a new term of imprisonment (also known as PVWNTParole Violator Returned With New Term).

Except for parolees specifically excluded in DOMDepartment Operations Manual 73030.16.3, any period of revocation time imposed by the BPT may be reduced by work time credits earned in accordance with the CCRCalifornia Code of Regulations 3044(b).

Work time credits for PVRTCs shall only be earned for time served on or after 9-30-1987.

PVRTCs detained and/or serving parole revocation time in a county jail or community correctional center are eligible to earn work time credits pursuant to PCPenal Code 2933 provided they qualify under criteria set forth in PCPenal Code 3057(d)(1).

Parolees serving a period of revocation time are not eligible to earn work time credits if:

• Sentenced under PCPenal Code 1168 with a maximum term of life.

• Found unsuitable by the BPT to earn worktime credits.

• The condition of parole violation related to association with specified persons, entering prohibited areas, failure to attend POCParole Outpatient Clinics, or failure to obtain psychiatric attention.

• Found guilty and revoked on parole violation charge(s) for conduct described in, or that could be prosecuted under, one or more of the offenses, attempted offenses, or enhancements listed in PCPenal Code 3057(d)(2)(C).

• The current prison commitment, for which the parolee was serving a period of parole, was for one or more of the offenses, attempted offenses, or enhancements listed in PCPenal Code 3057(d)(2)(C).

Work time credit earned by PVRTCs may be forfeited for disciplinary infractions as provided for in the CCRCalifornia Code of Regulations 323 [PCPenal Code 3057(d)(1)].

A PVRTCParole Violator Return To Custody who commits a disciplinary infraction for which credits may be forfeited is subject to a parole revocation extension hearing. At that hearing, the BPT will determine whether to suspend eligibility for work time credits for the number of days forfeited for the infraction, in addition to any extended period of revocation.

Work time credit forfeited by PVRTCs for disciplinary infractions shall not be restored (PCPenal Code 3057(d)(1)).

PVRTCs are not eligible to be granted meritorious credit.

Time on a revocation period starts on the date a parole violator is available for return to the custody of the Department. See DOMDepartment Operations Manual 73030.8.6 for availability criteria.

Computation of parole revocation release dates will be done manually.

Revocation release date (RRDRevocation Release Date)ineligible for PCPenal Code 2933 credit.

Add the assessed revocation period to the date of arrest/hold placed/ available for return to custody of the Department.

• Pursuant to BPT Rule 2635.1, the revocation period for a parolee whose original crime was committed on or before 12-31-78 may not exceed six months. The revocation period for a parolee whose original crime was committed on or after 1-1-79 may not exceed one year.

Projected revocation release date (PRRDProjected Revocation Release Date)eligible for PCPenal Code 2933 credit.

The maximum revocation release date (MRRD) is determined by adding the assessed revocation time to the date of arrest/hold placed available to the Department. The MRRD is adjusted by credits forfeited and number of days during which eligibility was suspended.

The application of work time credits to the adjusted maximum, through any working month or portion thereof, results in the number of days left to serve, then divisible based on the inmate’s credit earning status. The resulting number of days is then subtracted from the date of application. That date is the PRRDProjected Revocation Release Date.

A projected revocation release date (PRRDProjected Revocation Release Date) is calculated each time earned work time credit and/or forfeited credit is applied or when there is a change in legal status or credit earning status.

Separate computations of release dates for parole violators with new terms shall be completed on both the old and new term to determine the controlling release date.

If, after calculation of both cases, the release date on the new term controls, the previous case shall be discharged pursuant to BPT 2649.

If the release date (RRDRevocation Release Date, PRRDProjected Revocation Release Date) on the original term controls, the case will be referred to the BPT for determination of the controlling release date.

• Prior terms of nonrevoked violators returning with new terms will be discharged without a revocation hearing if the new commitment resulted from behavior which occurred prior to the parole date on the prior term.

If the BPT decision is to retain the inmate on the original case, separate release dates will be maintained on both terms, and the inmate will be released on the case that retains them in custody for the longest period of time.

People v. Mitchell (244 Cal Rpt 803 1988).

The ruling in this case allows for consecutive sentencing of a new term to parole revocation time. If the court orders a new term to run CSControl Services to parole revocation, the term start date on the new commitment will be the RRDRevocation Release Date/PRRDProjected Revocation Release Date and the original case will not be discharged.

Parole violators, returned to custody or returned with new terms, and/or inmates receiving additional controlling CCCorrectional Counselor terms who have previous work incentive credit on the earlier term(s) cannot be accurately processed by the DSLDeterminate Sentence Law/GTC computer system since the previous work history/credit is incorrectly brought forward to the new term. Therefore, additional processing is required:

A parole violator returned to custody to serve a revocation period and eligible for credit pursuant to PCPenal Code 2933 is processed by entering work time credit on the revocation period, sequential to the existing credit history, beginning on the date of arrest/hold placed/available to CDC, whichever is appropriate.

A parole violator returned to custody with a new controlling term, whose previous term is discharging (BPT 2649), is processed by obtaining a hard copy printout from OBISOffender Based Information System of all previous work time credit history using the Timecard Query Screen and Work Credit Query Screen. The hard copy is filed in the C-File under the general chronos.

• Telephone LPULegal Processing Unit at (916) 323-7373 or ATSS 473-7373 to request a deletion of previous worktime and credit history. Upon deletion, all entries will be eliminated from the computer.

A parole violator with a new non-controlling term, i.e., whose revocation period exceeds that of the new term, will be processed by obtaining a hard copy and deleting the previous credit history. Credit on the new term is then entered in the normal manner, but only to the date calculated as the EPRDEarliest Possible Release Date.

Timecards on revoked cases will be destroyed only after a hard copy of the previous history is obtained and previous credit history is deleted.

Unless the BPT waives the parole period, inmates shall serve a period of parole as specified in PCPenal Code 3000(a) or (b).

Pursuant to PCPenal Code 3000(a), an inmate subject to three or five year parole periods may not be retained under parole supervision for longer than four or seven years, respectively, except for periods of suspension.

The maximum statutory period of parole shall be computed from the date of initial parole, or July 1, 1977, whichever is later, and shall be a period chronologically determined.

Time during which parole is suspended because the parolee has absconded or has been returned to custody as a parole violator will not be credited toward the period of parole unless he/she is found not guilty of the parole violation.

A period of return to custody for psychiatric treatment will not be added to the parole period unless so ordered by the BPT.

Calculate the projected controlling discharge date (PCDD) of a PVRTCParole Violator Return To Custody eligible for PCPenal Code 2933 credit by adding the applicable parole period, the actual time projected to be served on the revocation period, and any suspension to the parole period.

Calculate the controlling discharge date (CDDControlling Discharge Date) of a PVRTCParole Violator Return To Custody not eligible for PCPenal Code 2933 credit by adding the applicable parole period, the actual time served on the revocation period, and any suspension to the parole board.

• In the event the maximum discharge date precedes the revocation release date, the inmate will be discharged from departmental custody on the maximum date.

Pursuant to PCPenal Code 3000, the parole authority may waive the parole period of inmates sentenced under PCPenal Code 1168, 1170, or at the expiration of a term reduced under PCPenal Code 2931 and/or 2933.

The C&PRClassification & Parole Representative shall submit any case, using the following criteria, staff deem acceptable for waiver of parole to the parole authority for consideration of waiver of parole.

Cases may be referred to the parole authority for consideration of waiver of parole unless the term consists of three or more offenses, or where the commitment offense(s) was committed while subject to youth or adult parole supervision, or if the commitment offense(s) included any of the following PCPenal Code: 187, 192, 203, 207, 209, 212.5(a), 214, 217, 217.1, 220, 236, 243, 245, 245.3, 261(2)(3)(4), 264, 264.1, 286(c), 286(d), 288, 288A(c), 288A(d), 288.5, 289, 452(a), 459/461.1, 4500, 4501, 4501.5, 4503, 4574(a), 12020, 12021, 12022, 12022.5, 12022.7, 12022.9, 12560, 23101, and 23153.

Pursuant to PCPenal Code 3001, the parole of any person who was not imprisoned for committing a violent felony as defined in PC667.5(c) and has been on parole continuously for one year since release from confinement, shall be discharged unless the Department determines that the person shall continue on parole. At the final pre-parole audit prior to either original release on parole or release after service of a revocation period, a discharge review date will be set at one year after the actual release date unless the maximum discharge date precedes the review date, in which case no date for further review will be set.

The discharge review date shall be posted to the CDC Form 112.

Terms for offenses committed prior to 7-1-77 under the Indeterminate Sentence Law pursuant to PCPenal Code 1168(b), where release was determined by the paroling authority are called ISLIndeterminate Sentence Law cases.

The majority of terms under the ISLIndeterminate Sentence Law require recalculation based on the Determinate Sentence Law (DSLDeterminate Sentence Law) pursuant to PCPenal Code 1170.2.

The DSLDeterminate Sentence Law provides several indeterminate sentences for specific crimes. Those crimes that remain indeterminate do not require recalculation.

• Any case for which the statutory penalty is one-year-and-one-day, except as specified determinate in PCPenal Code, is an indeterminate sentence under this section. See DOMDepartment Operations Manual 73010.6.16 on DSLDeterminate Sentence Law indeterminate terms.

In re Rodriguez (14 Cal 3d 639 1975) held that the paroling authority must determine the time of incarceration based on the severity of the crime(s).

PCPenal Code 1170.2(b) gives the BPT authority to hold hearings for the purpose of possibly extending an inmate’s normally recalculated DSLDeterminate Sentence Law term. These are called Extended Term Hearings (ETH).

The CCRMCorrectional Case Records Manager (CCRMCorrectional Case Records Manager) is responsible for the first screening of an inmate’s case dynamics to determine if an ETH may be necessary. The CCRMCorrectional Case Records Manager shall be guided by the law in determining if the inmate fits the criteria for an ETH.

A CDC Form 678 shall be completed in all applicable cases even for those not meeting the criteria for an ETH. The CDC Form 678 shall accompany the C-File through the screening process.

The CCRMCorrectional Case Records Manager shall indicate an ETH is required if the inmate was convicted of any of the following crimes, or in the following circumstances, whether the count was stayed or resulted in a commitment to State prison:

• PCPenal Code 187, Second degree murder.

• PCPenal Code 192, Voluntary manslaughter.

• PCPenal Code 203, Mayhem.

• PCPenal Code 211/213, First degree robbery or robbery with great bodily injury.

• PCPenal Code 217, Assault with intent to commit murder.

• PCPenal Code 243, Battery with serious bodily injury.

• PCPenal Code 245, Assault with a deadly weapon.

• PCPenal Code 261(2), 261(3), and 261(4), Forcible rape.

• PCPenal Code 261/264, Rape with great bodily injury.

• PCPenal Code 286(c), Sodomy on child or by force.

• PCPenal Code 286(d), Aid sodomy with force.

• PCPenal Code 288, Lewd acts on a child under 14.

• PCPenal Code 288a(C), Oral copulation with force.

• PCPenal Code 288a(D), Aid oral copulation with force.

• PCPenal Code 459/461, First degree burglary or burglary with great bodily injury.

• PCPenal Code 4501, Assault by a prisoner.

• PCPenal Code 4501.5, Battery on a prisoner.

• CSControl Services sentences. Any case in which a CSControl Services sentence has been imposed.

• Multiple convictions. Any case in which the person has suffered three or more felony convictions either in a single or separate proceeding for the crimes of robbery, first degree burglary, burglary with explosives, arson, assault with intent to commit murder, extortion, kidnapping, or escape from a state prison with force or violence; or, any case in which the person has suffered five or more felony convictions either in a single or separate proceeding.

• PPTs. Any prisoner with two or more PPTs.

• Arming, use of weapon, GBI. Any case in which the factual circumstances of any current crime indicate that the prisoner was armed with a deadly weapon, used a firearm, or inflicted or attempted to inflict GBI on the victim.

• Early release. Any case in which the ISLIndeterminate Sentence Law parole date is more than one year later than the DSLDeterminate Sentence Law release date.

The CDC Form 144, DSLDeterminate Sentence Law Control Card, shall be checked in the appropriate space to indicate it is not an ETH case and it will be filed with other CDC Form 144 cards in the normal manner, with earliest release dates first.

If the CCRMCorrectional Case Records Manager, during the first screening, determines that the inmate meets ETH criteria, the CDC Form 144 card shall be marked to reflect it as a PCPenal Code 1170.2(b) case. The DSLDeterminate Sentence Law Control Card shall be filed with other ETH DSLDeterminate Sentence Law Control Cards.

The BPT may do second and third ETH screenings. Frequently, the third BPT screening will take place without second screening. The BPT can designate a case a PCPenal Code 1170.2(a) case at any point during the screening process.

If the BPT determines that an inmate is a PCPenal Code 1170.2(a) (no ETH necessary), then the CCRMCorrectional Case Records Manager shall update the CDC Form 144 to reflect that change.

The third BPT screening shall be reflected on BPT Form 1091. The original shall remain with the C-file with copies going to BPT Headquarters, Research, and the inmate.

If the case is an overdue PCPenal Code 1170.2(a) case, or scheduled for release within 60 days according to the DSLDeterminate Sentence Law calculation, the case shall be referred to P&CSDParole & Community Services Division (see DAPO) within five days of discovery. The CDC Form 611 shall be identified as a priority case.

PCPenal Code 1170.2(b) and 3041.5 require that the inmate be notified within 90 days of receipt into the Department if he/she is scheduled for an ETH and the hearing must be held within 120 days of receipt. The 120 days is computed from the latest of the date:

• Of reception.

• Of return to prison from court.

• On return to prison from another jurisdiction following service of a commitment to which a California term is ordered to be served consecutively.

• An amended Abstract of Judgment is received by CDC.

The screenings will be expedited and submitted to the BPT within the time frames set forth in this section.

A BPT Form 1080, Notice of Date, Time and Place of Hearing, and BPT Form 1092, Extended Term Hearing Notice, shall be prepared in duplicate and forwarded to the inmate’s counselor who shall have the inmate acknowledge receipt of the forms and return the original to the C-File.

For those inmates who will have an ETH (after final determination is made by the BPT), notices shall be sent to the judge and DA only. The notice shall indicate that a hearing will be held “no earlier than 30 days after the date of this notice.” No ETH shall be held until the statutory 30 days have elapsed after mailing of the notice.

The following procedures and forms shall be used in determining the release date of inmates sentenced under the Indeterminate Sentence Law and recalculated pursuant to PCPenal Code 1170.2.

The CDC Form 679, Computation Worksheet, shall be used to determine the controlling count in retroactive calculations when multiple counts and/or commitments are present.

The form shall be completed in pencil. Doing one count at a time, enter all case and count numbers and the offense title(s) (Robb. 1st, Burg. 2nd, etc.) under the appropriate heading for each offense.

The middle base term for the offense shall be entered on the form. All time entries shall be written out in years-months-days. The PCPenal Code shall be used to determine the middle base term.

Add any enhancements for being armed, use of a weapon, or great bodily injury (GBI). See DOMDepartment Operations Manual 73030.18.2.1 for criteria on enhancements. If there is no enhancement, enter a zero.

Enter the pre-prison credits that are applicable to the individual count. The received date is listed next in year-month- day order.

Some computations are necessary to finish the process. First, add the middle base and the weapon enhancement, if any. From that total, subtract the net credit. To this figure, add the received date.

EXAMPLE:

The date calculated (in the example, 81-01-14) is entered in the “Date” column. Any prior prison term enhancement(s) is added in the “CSControl Services Adj. w/Credits” column. Record that enhancement if appropriate. If the figure represents one-third of the middle base term (plus enhancements under certain circumstances) refer to the enhancements part of this section minus applicable pre-confinement credit for cases ordered to run consecutively with the count being computed. If there is any applicable “dead time,” that year-month-day figure is added. Reflect the proper and final date on the “Final Date” line.

EXAMPLE:

This process shall be done for all counts, computing each case fully. When computation of all the counts is completed, the controlling principal count shall be the one with the latest expiring final date. After determining the controlling principal count, proceed to the CDC Form 678, Confinement Computation.

The CDC Form 678, after being signed by the BPT, shall be filed in the BPT Section of the C-file.

The top of the form (from the double horizontal lines upward) shall be completed legibly using black ink. The bottom portion of the form “Parole Board and DSLDeterminate Sentence Law Data Control Information” shall be completed in soft-lead pencil.

The required information shall be the case number, count number, offense, base term, and adjusted base term for the controlling count. The adjusted base term shall be the same as the base term.

Under DSLDeterminate Sentence Law provisions, an additional enhancement will be added to the base term in certain circumstances.

• If a firearm was present during the commission or attempted commission of a felony, all principals in the crime receive an additional one-year enhancement, unless such arming is an element of the offense of which convicted.

• A principal is defined as any person who assists, aids, or abets before or during the commission of the crime. The person does not have to be personally armed, and the weapon does not have to be separately pled and proved.

• Any person who personally uses a deadly or dangerous weapon (all weapons other than a firearm) in the commission or attempted commission of a felony shall receive an additional one-year enhancement unless use of a deadly or dangerous weapon is an element of the offense of which convicted. The weapon does not need to be separately pled and proved. In this case “use” is defined as showing or displaying the weapon in a threatening or menacing manner.

• EXAMPLES:

  • A man enters a market with a knife on his belt and states he wants the money or else and motions to the knife. This is a valid use. If the subject made a statement concerning using a deadly or dangerous weapon, but no weapon is observed, the subject’s declaration is accepted and the one-year enhancement applied.

  • Suspect A and Suspect B enter a store and commit a robbery. Suspect B had an axe and Suspect A was not armed. In this case Suspect B does get a one-year enhancement for personal use of a deadly or dangerous weapon and Suspect A does not because he did not personally use the weapon.

• PCPenal Code 3024 and 12022. If the inmate had a separate court finding under PCPenal Code 3024 or 12022, the facts of the offense need to be reviewed.

• If the finding was due to a firearm, a one-year enhancement shall be added to the terms of all principals in the felony.

• If the finding was due to a deadly or dangerous weapon (all weapons except firearms), a one-year enhancement shall be added only if the weapon was personally used.

  • Use is defined as displaying or showing a weapon in a menacing or threatening manner.

  • Principal is defined as any person who assists, aids, or abets before or during the commission of the crime.

• PCPenal Code 12022.5, Use of Firearm. If a prisoner has a separately pled and proved PCPenal Code 12022.5, a two-year enhancement shall be added unless use of a firearm is an element of the offense of which convicted. A finding of PCPenal Code 12022.5, of the commitment offense, makes the crime a violent felony. Violent felonies have different limitations.

• Circle the appropriate PCPenal Code(s) and record the year-month-day enhancement on the double line provided. Record the enhancement on the corresponding line on the right side of the form.

An enhancement of three-years must be added to the middle DSLDeterminate Sentence Law term for the underlying crime if the injury involved is GBI under PCPenal Code 12022.7, and the prisoner was convicted of:

• First Degree Robbery by torture under former PCPenal Code 211(a) and 213.

• Robbery with GBI under former PCPenal Code 211(a) and 213.

• Rape with GBI under former PCPenal Code 264.

• Burglary with GBI under former PCPenal Code 461.

A three-year enhancement must be added to any ISLIndeterminate Sentence Law case of robbery, burglary, or rape with GBI pled and proved.

When GBI is pled and proved and not an element of the offense of which convicted, an additional enhancement can be added if a PCPenal Code 12022 or 12022.5 was also pled and proved. If both PCPenal Code 12022.2 and 12022.5 are present in conjunction with GBI only the largest shall be used.

Circle the appropriate Penal Code Section(s) and record the year-month-day enhancement on the double line provided. Also record the enhancement on the corresponding line on the right side of the form.

Record a PPT that is a violent felony PPT.

Refer to DOMDepartment Operations Manual 73030.7.10 for PPT information.

An enhancement shall be added for a violent PPT as follows:

• Violent PPT with a violent commitment offense will be enhanced by three years for each pled and proved PPT. Violent felonies/priors are defined in PCPenal Code 667.5(c).

• Violent PPT with a nonviolent commitment offense will be enhanced by one year for each pled and proved PPT.

On the line under “Date Last Released or Felony Conviction,” enter the appropriate notation.

EXAMPLE:

• If a person was released from prison on July 12, 1969, and did not have a subsequent felony conviction, then the date last released, July 12, 1969, would be indicated.

• If that same individual had a felony conviction on October 3, 1972, but did not go to prison, then the proper notation would be October 3, 1972 (the last conviction date).

• If there are more priors than the CDC Form 678 will accommodate, write “See Attachment” and list them on the CDC Form 678-A. If more room is still needed, use additional CDC Form 678-As. There is no limit to violent PPT enhancements.

An offense which is committed while the inmate is housed in state prison, or subject to re-imprisonment for escape, and which is ordered to run CSControl Services with the original commitment offense(s), shall be placed in this portion of the CDC Form 678.

• List the case and count number. Consult the Offense Edit Table or the Penal Code for the middle base term. Enter the middle term on this line.

• If there are more CSControl Services cases than the CDC form will accommodate, write “See Attachment” and list the cases on the CDC Form 678-A. If more room is still needed, use additional attachments.

• If there are two or more in-prison offenses and they are ordered to run CSControl Services to each other, then a principal and subordinate-type computation shall be required.

EXAMPLE:

• An inmate is convicted on PCPenal Code 4502, Possession of a Weapon, and PCPenal Code 4530(a), Escape with Force, CSControl Services with each other and CSControl Services with the original term. The escape shall be considered the principal term with a middle base term of 48 months. The possession of the weapon shall be considered the subordinate term with one-third of the middle base term that totals eight months.

• In such cases, record the principal or controlling in-prison case first, showing the middle base term, then the subordinate term showing the one-third figure. There is no limitation on the number of in-prison CSControl Services cases.

When the subordinate offenses are violent felonies, the term is one-third the middle base plus one-third of any enhancement for being armed with a deadly weapon, using a firearm, or inflicting GBI. There is no limitation on the number of CSControl Services violent subordinates.

If there are more CSControl Services cases than the CDC Form 678 will accommodate, write “See Attachment” and list the cases on the CDC Form 678-A.

If the inmate has CSControl Services sentences, but has different received dates, both the CSControl Services computation and the CCCorrectional Counselor computation are necessary to obtain the proper DSLDeterminate Sentence Law date.

• The CSControl Services sentence shall be computed as outlined in this section.

• CCCorrectional Counselor sentences or single counts shall be computed as outlined in this section.

• The latest expiring release date under the CCCorrectional Counselor calculation is compared to the release date under the CSControl Services calculation. The calculation that resulted in the latest release date is the proper one to record on the CDC Form 678, irrespective of the CSControl Services order.

Record in this section any PPT that is not a violent felony PPT.

Refer to DOMDepartment Operations Manual 73030.7.10 for PPT information.

All valid nonviolent PPT’s carry an enhancement of one year. There are no limits on the actual number of PPTs that can be pled and proved as PFC, but the total years of enhancement cannot exceed the middle base term of the controlling or principal term.

The CDC Form 678-A is to be used if the CDC Form 678 does not have enough lines to accommodate the enhancements (see this section for information on the CDC Form 678-A).

If the PPT enhancement column exceeds the base, make a single large “X” over the year-month-day column and enter the middle base term of the principal/controlling term year-limitations.

On the line under “Date Last Released or Felony Conviction,” put the appropriate notation.

EXAMPLE:

• A person was released from prison on June 12, 1973, and remained free of felony conviction and prison custody until the current difficulty. In this case, June 12, 1973, would be recorded on the line.

• If that same person had a felony conviction on November 3, 1975, but did not go to prison, then the date November 3, 1975, would go on the line.

Nonviolent subordinate terms (those counts ordered to run CSControl Services with the principal term) are recorded in this area. Assuming that all have the same received date, the enhancement for the subordinate term is one-third of the middle DSLDeterminate Sentence Law sentence.

• If the CSControl Services sentences have different received dates, both CSControl Services and CCCorrectional Counselor calculations are necessary to determine the proper method of recording.

• No additional time can be added to nonviolent CSControl Services counts for arming. If the principal term is nonviolent with no arming, then the CSControl Services nonviolent subordinate terms cannot exceed the base. If the principal term is violent or has arming then the non-violent CSControl Services subordinate cannot exceed five years.

• If more space is required to record the subordinate terms than provided for on the CDC Form 678, write “See Attachment” and record the counts on the CDC Form 678-A.

Exceeds base.

Regardless of the number of pled and proved prior felony convictions and CSControl Services nonviolent sentences, the total of Items D and E cannot exceed twice the base term unless the term has an enhancement for: arming; use of weapon; GBI; or if the commitment offense is for a violent felony or the term includes a CSControl Services sentence for in-prison crimes.

More than five years.

The total enhancement for non-violent CSControl Services sentences cannot exceed five years.

Total all enhancements (taking into consideration limitations) in Section III, Parts A, B, C, D, and E. The total is to be recorded on the space provided. That total figure is also to be recorded on the corresponding line on the right side of the form.

Total all terms and enhancements and compute the actual dates.

The total year-month-day figure arrived at by adding the adjusted base term with the enhancement totals is recorded on the right side of the form.

Record the appropriate received date in year-month-day order (if consecutive cases are involved, the earliest reception date is used).

Record the received date plus the total confinement time minus pre-prison credits.

If the inmate has any at-large time, the number of days of at-large time are added to the unadjusted maximum DSLDeterminate Sentence Law to reflect the adjusted maximum DSLDeterminate Sentence Law. If no at-large time is involved, place a zero.

This date reflects the maximum DSLDeterminate Sentence Law date with application of at-large time. If there is no at-large time, Lines 3 and 5 will read the same. If there is at-large time, Line 4 added to Line 3 will produce the answer for Line 5.

Inmates earn good time credits from July 1, 1977 or from the received date if after July 1, 1977. A one-third reduction of sentence is allowed. To compute this reduction of sentence with a calculator the following formula is used:

• Enter the unadjusted maximum DSLDeterminate Sentence Law date.

• Subtract the received date, or July 1, 1977, whichever is later.

• Add the number of days granted as post-sentence credit if the post-sentence credit is for time in custody on/after July 1, 1977.

• Divide by 3 = total goodtime/worktime credits available. This calculation may result in a fraction of either one-third or two-thirds. When this happens, the prisoner is given a full day (the fractional number is raised to the next whole number.)

• Enter into memory of the calculator.

• Divide by 4 = days of participation credit (round off to the nearest whole number).

• Multiply PCPenal Code x 3 = days of goodtime credit (round off to the nearest whole number).

• Record this figure in the “Goodtime Credits Available” space.

Subtracting the good time/work time from the adjusted maximum DSLDeterminate Sentence Law will provide the minimum DSLDeterminate Sentence Law date. Occasionally, when computing a case, the inmate will have an overdue maximum DSLDeterminate Sentence Law date (the DSLDeterminate Sentence Law date is earlier than the date the computation is done). In these cases, it is not necessary to compute the minimum DSLDeterminate Sentence Law date.

Minimum term is computed as follows:

Single commitment, not aggravated. Same as specified for offenses in the Penal Code and records chart, e.g., five years, three years, six months, etc. (PCPenal Code 3023). EXCEPTION: If the court specifies a six-month minimum term under PCPenal Code 1202(b) (prior to 7-1-77), the minimum term will be recorded at “6 months (PCPenal Code 1202(b)” even for Robb. 1st or CSControl Services cts. On a mandatory life, minimum term is life.

Single commitment, Aggravated. Prior Felony (PCPenal Code 3024). If a PFC is charged and proved, the minimum term is aggravated to two years. EXCEPTION: (PCPenal Code 667) Petty Theft w/ PFC; (PCPenal Code 663(3)) Petty Theft with prior Petty Theft; (PCPenal Code 12025) Carrying Firearm Without License; and (PCPenal Code 12021) Ex-Felon with a Gun; the minimum term remains six months.

H&SCHealth and Safety Code Priors. If the instant offense is a violation of the H&SCHealth and Safety Code, a prior narcotic conviction (PNC) may be charged and proved. This may be either a felony or misdemeanor conviction.

• Refer to the H&SCHealth and Safety Code section(s) to determine if the PNC aggravates the sentence. If it does, record the prior conviction as a PNC instead of a PFC.

If the instant offense is NSF Checks (PCPenal Code 476a), record only the prior felony convictions which are charged and proved but do not record a prior misdemeanor (check) conviction, even if it is charged and proved.

Deadly Weapon. If deadly (as distinguished from dangerous) weapon is charged and proved, the minimum term is two years (PCPenal Code 3024(a).

Prior and deadly weapon (PCPenal Code 3024(b). If both a PFC and a deadly weapon are charged and proved, the minimum term is four years (exceptions noted as applicable). The PFC and/or deadly weapon must be first charged in the accusatory pleading (information, indictment, etc.) and subsequently proved or admitted in court per PCPenal Code 969, 969c, 1158, and 3024. The minimum term may exceed the maximum sentence by reason of weapons enhancements and priors being charged and proved.

If the Abstract of Judgment is unclear, correspondence shall be directed to the committing court asking for clarification.

Multiple Commitments CSControl Services counts (Aggregate Legal Minimums).

• Consecutive sentences are one continuous term.

• The BPT has the authority to refix an earlier consecutive sentence(s) even though the statutory maximum has passed on the earlier sentence(s).

• The first of two consecutive sentences shall not be set to expire prior to the date the person was received for the second sentence.

EXAMPLE:

• Inmate received from Los Angeles County for Ct. 1, Forgery W/PFC and Ct. 2, Forgery (Prob. Rev.). Show method used to arrive at minimum term: (Ct. 1: 2 years) + (Ct. 2: 6 months) = 2 1/2 years.

  • When all felonies of which the inmate was convicted have minimum terms of ten years or less, and the aggregate of such minimums exceeds ten years, the minimum will be recorded as ten years (PCPenal Code 3024(d). The only exception is where a mandatory CSControl Services sentence is imposed by statute such as PCPenal Code 12022.5.

  • When one or more of the sentences imposed has a statutory minimum term exceeding ten years, the minimum term will be set at the longest minimum term imposed.

The only exception is where a mandatory CSControl Services sentence is imposed, such as PCPenal Code 12022.5.

• Where an additional consecutive sentence is imposed, such as PCPenal Code 12022.5, such penalty will be in addition to the minimum term as indicated in subsection above.

CSControl Services Terms (Post-Imprisonment Offenses).

EXAMPLE:

• Inmate received from Los Angeles County on 10-1-50 for Robb. 1st, 2 cts. CSControl Services, and went out-to-court and returned from San Francisco County 12-1-50 for Robb. 1st, 2 cts. CSControl Services with present term: Minimum term in this instance is ten years, CSControl Services with present term. (Los Angeles County term must expire before San Francisco County term commences because this is a post-imprisonment offense.) In re Cowan (1946, 27 C2d 637, 166 P2d 279). In re Byrnes (1948, 32 C2d 843, P2d 685).

Additional Penalties.

• Additional penalties pled and proved under PCPenal Code 12022 and 12022.5 are CSControl Services by statute with the crime of which they are a part. Unless specifically ordered otherwise, the additional penalties are CCCorrectional Counselor with any other offense. It is important that the judgment be followed in recording the terms and computing the minimum term.

Computation.

• Show the minimum eligible parole date (in years and/or months) and the actual date computed with benefit of preimprisonment credits BPT can legally impose by law.

• When a person has been at-large or CDC time stops after commencement of the term but prior to reaching the minimum eligible parole date, the MEPD must be recomputed immediately after his/her return to CDC to include the time lost. The legal status will show a footnote: e.g., “MEPD includes 122 days time lost on escape.”

• When differing credits are involved in multiple count (or old multiple case) commitments, it is important that each MEPD be computed, using appropriate credits, and that the controlling (or longest) MEPD be shown. These are: CSControl Services counts; two years or 1/3 of aggregate minimum terms, whichever is the greatest (PCPenal Code 3049).

Exceptions.

• The provisions of PCPenal Code 3049 do not apply to increase the MEPD in cases where an additional penalty under PCPenal Code 12022 or 12022.5 established the CSControl Services nature of the terms (e.g., Ct. 1, Attempted Robb. 1st W/Use of Firearm, 6 mos. 20 yrs., CSControl Services W/5-Life: minimum term 5-1/2 yrs.: MEPD: Ct. 1: 1 yr. 10 months).

• Minimum term in excess of 1 year: 1/3 of minimum term (PCPenal Code 3049).
  EXAMPLE: (Assume arrival date 1-1-90)

  Min Term	MEPD
  6 Months	6 mos.	7-01-90
  6 months and 6 month CSControl Services or 1 year	2 yrs.	1-1-92
  1 year		1-1-91
  2 yrs. (if CSControl Services are not involved)	8 mos.	9-1-90
  5 yrs.	1 yr. 8 mos.	9-1-91
  5 yrs and 5 yrs CSControl Services	3 yrs. 4 mos.	5-1-93
  Life w / possibility of parole	7 Cal. Yrs.	1-1-97
  Habitual Criminal (PCPenal Code 644a)	9 yrs.	1-1-99
  Habitual Criminal (PCPenal Code 644b)	12 yrs.	1-1-2002

H&SCHealth and Safety Code violations. Following changes to the Code in 1961, most violations carried a specified minimum period of confinement prior to release on parole and the provisions of the Penal Code were not applicable to reduce that time (except PCPenal Code 1202B).

• Since 1974, a series of court rulings resulted in modifications to those minimum parole dates and were fully retroactive.

• H&SCHealth and Safety Code statutes effective 1-1-76 eliminated mandatory minimum periods of parole for persons sentenced on or after 1-1-76 under H&SCHealth and Safety Code 11350, 11351 and 11352, thus making provisions of the Penal Code regarding minimum terms and MEPDs applicable to those sections only.

The lower portion of the form “Parole Board and DSLDeterminate Sentence Law Date Control Information” shall be filled in. This part of the CDC Form 678 is to be done in pencil only. The information on the left side, current calendar, parole date, etc., refers to ISLIndeterminate Sentence Law data. Enter the minimum term, maximum term, maximum controlling discharge date and current calendar year. As the inmate proceeds through his/her departmental incarceration, the ISLIndeterminate Sentence Law date will change as he/she appears before the BPT.

Enter month and year of first BPT calendar unless inmate must be seen within 120 days, then enter actual date the 120 days expires; e.g., by 6-6-75 (PCPenal Code 3041).

As case dynamics change, reflect the change(s) on the form:

On the right side of the box is “Minimum DSLDeterminate Sentence Law Date Adjusted by Credits Lost _________.” If an inmate loses good time/work time credits, the adjusted date is to be placed in the space provided.

After the computation has been completed, if the inmate has an overdue DSLDeterminate Sentence Law date, check the “As soon as possible after Board 1170.2(a) PCPenal Code decision” space on the form.

If the prisoner is not overdue, then either the ISLIndeterminate Sentence Law or DSLDeterminate Sentence Law date controls, and the “Controlling Release Date ______” box is to be checked (controlling release date means the date that releases the prisoner from prison earliest). Enter the controlling release date on the line.

On the “(as of ______)” line, enter the date the computation was made or the date of the subsequent change of the controlling date.

Occasionally, the controlling release date will change.

An ISLIndeterminate Sentence Law parole hearing may result in a change in a previous ISLIndeterminate Sentence Law parole date. For example, if the minimum DSLDeterminate Sentence Law date controls and an inmate loses good time/work time credits, the minimum DSLDeterminate Sentence Law date may pass the ISLIndeterminate Sentence Law date. At the time the DSLDeterminate Sentence Law date passes up the ISLIndeterminate Sentence Law date then the ISLIndeterminate Sentence Law date will be the controlling.

Whichever date releases the inmate from prison the earliest is the controlling date.

This form is used when the CDC Form 678 is not adequate to list multiple PPT or CSControl Services cases. It shall be computed the same as outlined in this section.

From time to time a CDC Form 678/CDC Form 678-A will need to be changed for various reasons. The CDC Form is an official document, and if changes are necessary, a new form shall be prepared.

Upon receipt of court ordered pre-confinement credits received after the BPT has signed the form, it is necessary to re-compute the DSLDeterminate Sentence Law dates on a new CDC Form 678. Indicate “Refer to signed CDC Form 678 dated __________” on the new form, attach to corrected copy and file in permanent addenda.

• Should the application of such credit change the base term, return the case to the BPT for re-review and signature.

• The new CDC Form 678 is to be labeled “recalculated” above the CCRMCorrectional Case Records Manager signature block.

Whenever the controlling release date changes that change will need to be reflected on the “Controlling Release Date __________” line.

Additionally, the “(as of __________)” will be recorded as of the date the change is made.

When the CDC Form 678 is found to have an error, a new form shall be prepared and marked “corrected copy” above the CCRMCorrectional Case Records Manager signature block.

• Send a copy to the inmate.

• Amend the information in OBISOffender Based Information System to reflect the change(s).

If the BPT takes an action that changes the ISLIndeterminate Sentence Law data on the CDC Form 678, it is necessary to update the original CDC Form 678. When updating the ISLIndeterminate Sentence Law data, change the “as of __________” date to the date the change is made. If the controlling release date changes due to a BPT action, only the inmate needs to be given a copy of the updated CDC Form 678.

After the BPT signs the form, a photocopy shall go to OBISOffender Based Information System and the inmate. The original shall be filed in the BPT Section of the C-file.

Those terms for which the statutory maximum penalty is life in prison with the possibility of parole, terms for which the maximum is life and the minimum is 15 or 25 years and habitual offenders sentenced pursuant to PCPenal Code 667.7 and PCPenal Code 667.75 are calculated in this section.

The BPT shall conduct hearings for consideration for parole of life prisoners pursuant to PCPenal Code 5076.1 and PCPenal Code 5076.2. Specialists shall schedule hearings based on calculations of minimum eligible parole dates.

Work time credit pursuant to PCPenal Code 2933 shall be applied to reduce the minimum term of life prisoners sentenced only under PCPenal Code 217.1(b) and habitual offenders sentenced under PCPenal Code 667.7(a)(1) and PCPenal Code 667.75.

Good time/work time credit pursuant only to PCPenal Code 2931 shall be applied to reduce the minimum term of all other life prisoners on terms with 15 or 25 year minimums, except those convictions for second degree Murder where the victim was a peace officer (PCPenal Code 190(b)).

Work time credit pursuant to PCPenal Code 2933 shall apply to DSLDeterminate Sentence Law enhancements and DSLDeterminate Sentence Law consecutive cases on all life terms.

• Goodtime credit shall be administratively granted for time in custody after 7-1-77 on first degree Murder and Kidnap offenses committed prior to 11-8-78 if the commitment is subsequently ruled invalid and the inmate is recommitted on a lesser offense arising from the same case.

Pursuant to PCPenal Code 3046, persons sentenced to life terms with the possibility of parole must serve at least seven calendar years without benefit of good time. The MEPD for these cases is calculated by adding seven years to the life term start date and subtracting pre-prison credit ordered by the court and post-sentence credit.

• The initial Parole Consideration Hearing (PCH) will be scheduled 13 months prior to the MEPD (BPT 2268).

• If parole is denied at the initial PCH, a Subsequent Parole Hearing will be scheduled annually thereafter, or as determined by the BPT pursuant to PCPenal Code 3041.5, until parole is granted (a parole date is set).

• Following any hearing at which parole is granted, Progress Hearings will be scheduled as specified in BPT 2269.

Life term only

• If the life term is the only commitment offense and has no DSLDeterminate Sentence Law enhancements or DSLDeterminate Sentence Law consecutive cases, calculate the MEPD as follows:

  • Add the minimum term to the date received into the Department (the term start date).

  • Subtract presentence and postsentence credit.

  • Determine the number of days eligible for goodtime credit by subtracting the received date from the date obtained after application of preprison credit and adding postsentence credit.

  • Divide the result by three (fractions shall be increased to the next whole number).

  • Subtract the total goodtime from the date obtained after application of preprison credit. The resulting date is the minimum eligible parole date.

Life Terms With DSLDeterminate Sentence Law Enhancements/DSLDeterminate Sentence Law CSControl Services Cases

• If the life term has DSLDeterminate Sentence Law enhancements or a consecutive DSLDeterminate Sentence Law term(s) with the same received date as specified in PCPenal Code 669, the enhancements/CSControl Services term(s) must be served before the life term. Calculate the DSLDeterminate Sentence Law enhancement/term(s) to determine the life term start date for the purpose of scheduling a documentation hearing on the life term.

• Calculate the MEPD in these steps:

  • Calculate the DSLDeterminate Sentence Law release date on the DSLDeterminate Sentence Law enhancement(s)/CSControl Services Case(s) in the normal manner, applying appropriate goodtime/worktime credit.

  • Using the resulting DSLDeterminate Sentence Law release date as the term start date for the life case, calculate the MEPD by proceeding with the steps previously described for the life term only computation.

• If the life term has a consecutive post-imprisonment offense(s), the life term will not be interrupted and the DSLDeterminate Sentence Law case shall be served consecutively to the life term. In re Thompson, 172 Cal. App. 3d 256, 218 Cal.Rptr. 192 (11-8-85).

Concurrent Non-Life Terms

• Non-life terms concurrent to life terms shall be computed on a CDC Form 679.

A BPT Documentation Hearing will be scheduled for prisoners serving life terms with 15 or 25 year minimums three years after the life term starts, and subsequently at three year intervals until the initial Parole Consideration Hearing (BPT 2269.1). Initial, subsequent and progress parole consideration hearings will be scheduled as outlined in DOMDepartment Operations Manual 73010.6.6.3.

A Legal Status Summary, CDC Form 188-C, will be manually prepared by the LPULegal Processing Unit on all life cases as described in DOMDepartment Operations Manual 73010.6.

Time collection data on life terms will be entered in OBISOffender Based Information System in the same manner as for DSLDeterminate Sentence Law cases for use in the manual calculation of minimum eligible parole dates.

Completed disciplinary reports received by inmates serving life terms will be forwarded by custody staff for screening by C&PRClassification & Parole Representative to determine whether referral to the BPT will be required.

• If a parole date had previously been granted by the BPT, the disciplinary will be reported to the BPT who will determine whether to initiate rescission proceeding which may result in postponement or rescission of the release date (BPT 2451).

Completed disciplinary reports with credit losses on credit eligible life cases will be forwarded to case records staff who will re-compute the MEPD and reschedule hearing dates based on the recalculation.

• If a documentation hearing preceded the disciplinary action, only the initial parole consideration hearing date will be changed.

All entries on the CDC Form 112 will be dated in the left-hand column.

Entries of any legal status change, BPT decisions, BPT hearing dates, or classification actions effecting a change in release dates will be entered and briefly described in the “Chronological Listings” column.

The number of days forfeited or restored and any dead/at-large time will be entered in the appropriate column.

Release dates, minimum eligible dates, discharge dates, maximum revocation dates, and discharge review dates will be posted in the right-hand column.

• Release dates/minimum eligible release dates: EPRDEarliest Possible Release Date, MINMinimum DSLDeterminate Sentence Law, ISLIndeterminate Sentence Law PD, RRDRevocation Release Date, PRRDProjected Revocation Release Date, MEPD.

• Maximum revocation dates: MRRD.

• Discharge dates: DD, CDDControlling Discharge Date, PCDD.

• Discharge review dates: DRDDischarge Review Date.

All entries on the CDC Form 112 will be posted in black ink with the exception of the MEPD, which will be posted in pencil. See DOMDepartment Operations Manual 72040 and 72060 for instructions on other postings.

The Deputy Director, Institutions Division, is responsible to prepare revisions and ensure that this section is current.

CCRCalifornia Code of Regulations (15)

California Rules of Court.

PCPenal Code §§ 667; 1203.03; 3001; 5076.2; 667.5; 1213; 3022; 12022; 667.51; 1213.5; 2023; 12022.1; 667.7; 1216; 3024; 12022.2; 969; 2635.1; 3041; 12022.3; 1158; 2900; 3041.5; 12022.4; 1168; 2900.1; 3042; 12022.5; 1170; 2900.5; 3046; 12022.6; 1170.1; 2931; 3049; 12022.7; 1170.15; 2932; 3056; 12022.75; 1170.2; 2933; 3057; 12022.9; 1202; 2934; 4019; 1203.01; 3000; 5076.1 W&I §§ 1782 and 3200.

H&SCHealth and Safety Code §§ 11350; 11370.2; 11351; 11370.4; 11352; 11370.8; and 11356.5 Case Laws:

• In re Cowan (27 Cal App 2d 637, 166 Cal App 2d 279 (1946)).

• In re Byrnes (32 Cal App 2d 685 (1948)).

• In re Pearce (40 Cal App 3d 399 (1974)).

• In re Rodriguez (14 Cal App 3d 639 (1975)).

• In re Sosa (102 Cal App 3d 1002 (1980)).

• People v Montalvo (2 Crim 38558 (1982)).

• In re Thompson (172 Cal. App. 3d 256, 218 Cal. Rptr. (1985)). People v Fritz (40 Cal App 3d 277 (1986)).

• People v Mitchell (244 Cal Rpt 803 (1988)).

• In re Rojas (23 Cal App 3d 152).

AGAttorney General’s Opinions: AGAttorney General 86-1102 on life terms eligible for PCPenal Code § 2933 credit.