Section 3328 - Disciplinary-Free Periods(a) A disciplinary-free period shall commence immediately following the date and time an incarcerated person is identified (date of discovery of information leading to the charge) as committing a rules violation.(b) An incarcerated person may apply for restoration of 100 percent of any credit forfeited for a Division "D" or "E" offense, not identified in section 3327, after remaining disciplinary free for 180 days.(1) If less than 180 days remain before the incarcerated person's established release date, a one-time application may be made within 90 days of the established release date when the incarcerated person has remained disciplinary free for a minimum of 60 days.(2) Violent offenders as defined in PC Section 667.5(c) and offenders serving a term upon conviction of child abuse pursuant to PC Sections 273a, 273ab, 273d, or any sex offense identified in statutes as being perpetrated against a minor victim, or for whom such notification has been ordered by any court, shall be eligible for the one-time credit restoration application only if local law enforcement officials can be notified of the incarcerated person's release in not less than the 45-day time frame required by law.(c) An incarcerated person may apply for restoration of 100 percent of any credit forfeited for a Division "F" offense, not identified in section 3327, after remaining disciplinary free for 90 days. (1) If less than 90 days remain before the incarcerated person's established release date, a one-time application may be made within 60 days of the established release date when the incarcerated person has remained disciplinary free for a minimum of 30 days.(2) Violent offenders as defined in PC Section 667.5(c) and offenders serving a term upon conviction of child abuse pursuant to PC Sections 273a, 273ab, 273d, or any sex offense identified in statutes as being perpetrated against a minor victim, or for whom such notification has been ordered by any court, shall be eligible for the one-time credit restoration application only if local law enforcement officials can be notified of the incarcerated person's release in not less than the 45-day time frame required by law.Cal. Code Regs. Tit. 15, § 3328
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5(c), 2932, 2933, 3058.6, 3058.9 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5(c), 2932, 2933, 3058.6, 3058.9 and 5054, Penal Code.
1. Amendment of section heading, section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
2. Repealer of subsections (b) and (c) and subsection relettering pursuant to Penal Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of second Exception(Register 96, No. 36).
4. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
5. Amendment filed 5-22-2006; operative 5-22-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
6. Amendment of subsections (a), (b), (b)(1), (c) and (c)(1) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4(Register 2008, No. 32).
7. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).