Department of Corrections and Rehabilitation - Operations Manual

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Chapter 7 – Adult Case Records Information

Article 12 – Time Computations

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73030.18.2.18 Minimum Term – ISL Computation

  • 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.