Earning, Forfeiting and Restoring Credits in Prison

Anyone who has started reading this article is presumably aware that a prisoner is entitled to a certain amount of custody credit for good behavior and reaching “programming milestones,” but can forfeit such credits by committing a serious rule violation or certain gang-related behavior, only to have some or all of the credits restored if there is good behavior for a certain period of time.  The person can also be ineligible for such credits if he or she refuses to work while in custody.

This is true for seemingly all types of prisoners, including those with sentences of life with the possibility of parole and sentences under the “Three Strikes Law,” as well as those serving determinate (set length) sentences. 15 C.C.R. §§ 3043-2044. 

However, as the reader also probably appreciates, many laws, particularly Assembly Bill 109 (in 2014) and Proposition 57 (in 2016), have modified the old rules and more laws have added layers of new provisions.  If one is assigned to a conservation camp (fire camp), for example, that person earns two days of worktime credit for each one day served. Former Penal Code § 2933.3.  On the other hand, someone serving a two-strike sentence could earn no more than 20% credit of days actually served. 15 C.C.R. § 3371(h).

An article of less than 1,000 words cannot properly address all such changes, but this article will seek to present some of the more common rules on earning, forfeiting and restoring credits in prison.

One should understand that earning credits, forfeiting such credits and then restoring them can be complicated, particularly when a person is serving more than one sentence at the same time (for separate crimes).  For example, one may be able to earn one day of credit for each two days served on a two-strike sentence, but can earn one for one credit or even two for one credit on another sentence.  The credits earned and the resulting release dates would then have to be calculated separately, with the calculation for the longest term first and then finding the Estimated Prison Release Date (EPRD), which then becomes the starting point for the ERPD on the second term. 

In addition to such good conduct credits, the CDCR grants credit for most prisoners who meet certain programming milestones such as earning a GED, a college degree, attending a rehabilitative program or vocational or life skills class.  A person can earn a milestone credit of up to 12 weeks in a 12-month period.  Excess credits will be rolled over to the following year.  15 C.C.R. § 3043.3.  A person in CDCR custody, but in county jail, other states’ prisons or federal prison cannot earn milestone credits.  Id.

Milestone credits are distinct from rehabilitation credits, which one can earn one week of credit for each 52 hours of participation with a maximum of four weeks of credit per year.  15 C.C.R. § 3043.3.  A person in CDCR custody, but in county jail, other states’ prisons or federal prison cannot earn milestone credits.  Id.

People who earn GED’s or high school diplomas get 90 days of credit and those who earn other degrees or an offender mentor certification get 180 days of credit.  These credits apply to those serving California sentences who are housed out-of-state, in federal prison or in state hospitals.  15 CCR § 3043.5.

It should be noted that credit will not be granted or restored if it will advance a release date to less than 60 calendar days from the date of the award or restoration of credit.  15 C.C.R. § 3043(c).

One will continue to earn credits even if the facility is in lockdown, while one is on an attorney visit, being out to court, being medically unable to work, being at a classification hearings that could not be held during off-duty hours and during administrative segregation.

Good Conduct Credits, Milestone Completion Credit, and Rehabilitative Achievement Credit can be forfeited if a person is found guilty of a serious rule violation.  Up to 360 days of credit may be lost for the most serious offenses, up to 180 days may be lost for other acts that could be prosecuted as felonies, up to 90 days of credit can be lost for acts that could be prosecuted as misdemeanors and up to 30 days may be lost for other acts of misconduct.  Penal Code § 2932(a); 15 CCR § 3043.2(e) (Good Conduct forfeiture); 15 CCR § 3043.3(g) (Milestone Completion Credit forfeiture).

Conduct credit that has been forfeited due to a rule violation can be sometimes restored if a person remains disciplinary free for some period of time.  Penal Code § 2933(d).  The seriousness of the rule violation determines how much credit can be restored and how long a person must remain discipline free to qualify for restoration.  15 CCR §§ 3327-3328.  This can be six or three months depending on the seriousness of the offense. 15 CCR § 3328.

This article would not have been possible without the excellent work by the Prison Law Office in The California Prison and Parole Law Handbook, notably Chapters 8 and 9, which this article, quite frankly, summarizes in part.