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California Penal Code Section 2933

Legal Research Home > California Laws > Penal Code > California Penal Code Section 2933

2933.  (a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison under Section
1170 serve the entire sentence imposed by the court, except for a
reduction in the time served in the custody of the Secretary of the
Department of Corrections and Rehabilitation pursuant to this section
and Section 2933.05.
   (b) For every six months of continuous incarceration, a prisoner
shall be awarded credit reductions from his or her term of
confinement of six months. A lesser amount of credit based on this
ratio shall be awarded for any lesser period of continuous
incarceration. Credit should be awarded pursuant to regulations
adopted by the secretary. Prisoners who are denied the opportunity to
earn credits pursuant to subdivision (a) of Section 2932 shall be
awarded no credit reduction pursuant to this section. Under no
circumstances shall any prisoner receive more than six months' credit
reduction for any six-month period under this section.
   (c) Credit is a privilege, not a right. Credit must be earned and
may be forfeited pursuant to the provisions of Section 2932. Except
as provided in subdivision (a) of Section 2932, every eligible
prisoner shall have a reasonable opportunity to participate.
   (d) Under regulations adopted by the Department of Corrections and
Rehabilitation, which shall require a period of not more than one
year free of disciplinary infractions, credit which has been
previously forfeited may be restored by the secretary. The
regulations shall provide for separate classifications of serious
disciplinary infractions as they relate to restoration of credits,
the time period required before forfeited credits or a portion
thereof may be restored, and the percentage of forfeited credits that
may be restored for these time periods. For credits forfeited as
specified in paragraph (1) of subdivision (a) of Section 2932, the
Department of Corrections and Rehabilitation may provide that up to
180 days of lost credit shall not be restored and up to 90 days of
credit shall not be restored for a forfeiture resulting from
conspiracy or attempts to commit one of those acts. No credits may be
restored if they were forfeited for a serious disciplinary
infraction in which the victim died or was permanently disabled. Upon
application of the prisoner and following completion of the required
time period free of disciplinary offenses, forfeited credits
eligible for restoration under the regulations for disciplinary
offenses other than serious disciplinary infractions punishable by a
credit loss of more than 90 days shall be restored unless, at a
hearing, it is found that the prisoner refused to accept or failed to
perform in a credit qualifying assignment, or extraordinary
circumstances are present that require that credits not be restored.
"Extraordinary circumstances" shall be defined in the regulations
adopted by the secretary. However, in any case in which credit was
forfeited for a serious disciplinary infraction punishable by a
credit loss of more than 90 days, restoration of credit shall be at
the discretion of the secretary.
   The prisoner may appeal the finding through the Department of
Corrections and Rehabilitation's review procedure, which shall
include a review by an individual independent of the institution who
has supervisorial authority over the institution.
   (e) The provisions of subdivision (d) shall also apply in cases of
credit forfeited under Section 2931 for offenses and serious
disciplinary infractions occurring on or after January 1, 1983.

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Last modified: March 17, 2014