Cal. Code Regs. tit. 15 § 3078.2

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 3078.2 - Alternative Custody Program and Enhanced Alternative Custody Program Eligibility Criteria

(a) To be eligible to participate in the Alternative Custody Program (ACP) or Enhanced Alternative Custody Program (EACP), the inmate must volunteer.

(b) The inmate shall be housed in an EACP facility and have no more than 12 months and no less than 45 days left to serve at the time of placement into the ACP.

(c) The inmate shall have no more than 32 months and no less than 60 days left to serve at the time of placement into the Male Community Reentry Program (MCRP) or Female Community Reentry Program (FCRP).

(d) The inmate shall have no more than six years and no less than 90 days left to serve at the time of placement into the Community Participant Mother Program (CPMP).

(e) The inmate shall not meet any of the exclusionary criteria as provided for in section 3078.3 for the ACP, the Male Community Reentry Program (MCRP) or the Female Community Reentry Program (FCRP), or in section 3078.9 for the Community Participant Mother Program (CPMP).

Cal. Code Regs. Tit. 15, § 3078.2

Note: Authority cited: Sections 3414, 5058, 5058.3, 6252 and 1170.05, Penal Code. Reference: Sections 1170.05, 5054, 6258.1 and 6253, Penal Code; and Sassman v. Brown (E.D. Cal. 2015) 99 F.Supp.3d 1223.

Note: Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code; and Sassman v. Brown (E.D. Cal. 2015) 99 F.Supp.3d 1223.

1. New section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
3. New section refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).
5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-13-2012 order transmitted to OAL 1-11-2013 and filed 2-25-2013 (Register 2013, No. 9).
7. Amendment of subsections (a)-(b) and amendment of Note filed 3-29-2016 as an emergency; operative 3/29/2016 (Register 2016, No. 14). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-6-2016 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-29-2016 order transmitted to OAL 9-6-2016 and filed 10-11-2016 (Register 2016, No. 42).
9. Amendment of section heading, section and NOTE filed 6-19-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 25).