(a)In any case in which a prisoner was sentenced to the state prison pursuant to Section 1170, or if he committed a felony before July 1, 1977, and he would have been sentenced under Section 1170 if the felony had been committed after July 1, 1977, the Department of Corrections shall have the authority to reduce the term prescribed under such section by one-third for good behavior and participation consistent with subdivision (d) of Section 1170.2. A document shall be signed by a prison official and given to the prisoner, at the time of compliance with Section 2930, outlining the conditions which the prisoner shall meet to receive the credit. The conditions specified in such document may be modified upon any of the following:
(1)Mutual consent of the prisoner and the Department of Corrections.
(2)The transfer of the prisoner from one institution to another.
(3)The department’s determination of the prisoner’s lack of adaptability or success in a specific program or assignment. In such case the prisoner shall be entitled to a hearing regarding the department’s decision.
(4)A change in custodial status.
(b)Total possible good behavior and participation credit shall result in a four-month reduction for each eight months served in prison or in a reduction based on this ratio for any lesser period of time. Three months of this four-month reduction, or a reduction based on this ratio for any lesser period, shall be based upon forbearance from any act for which the prisoner could be prosecuted in a court of law, either as a misdemeanor or a felony, or any act of misconduct described as a serious disciplinary infraction by the Department of Corrections.
(c)One month of this four-month reduction, or a reduction based on this ratio for a lesser period, shall be based solely upon participation in work, educational, vocational, therapeutic or other prison activities. Failure to succeed after demonstrating a reasonable effort in the specified activity shall not result in loss of participation credit. Failure to participate in the specified activities can result in a maximum loss of credit of 30 days for each failure to participate. However, those confined for other than behavior problems shall be given specified activities commensurate with the custodial status.
(d)This section shall not apply to any person whose crime was committed on or after January 1, 1983.
Notes of Decisions
Samson v. California, 547 U.S. 843 (2006).
· cites it 2× “In California, an eligible inmate serving a determinate sentence may elect parole when the actual days he has served plus statutory time credits equal the term imposed by the trial court, Cal. Penal Code Ann. §§ 2931, 2933, 3000(b)(1) (West 2000), irrespective of whether the…”
People v. Jones, 899 P.2d 1358 (Cal. 1995).
· cites it 12× “[1] Now, as then, it has stated in pertinent part that the maximum duration of involuntary civil commitment to the California Rehabilitation Center for narcotics addiction for a convicted felon for whom execution of a determinate sentence in state prison has been suspended is…”
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010).
· cites it 2× “§ 31-20-5d; Wis. Stat. Ann. § 302.43 ; Wyo. Stat. Ann. § 7-13-420 .”
Toussaint v. McCarthy, 597 F. Supp. 1388 (N.D. Cal. 1984).
· cites it 4× “For purposes of this case, the relevant statutes creating a liberty interest in freedom from assignment to segregation are the California worktime laws, Cal.Penal Code §§ 2931, 2932, and 2933. 47 Set forth at length in the margin, these laws require that each California inmate…”
People v. Caddick, 160 Cal. App. 3d 46 (Cal. Ct. App. 1984).
· cites it 6× “Three of these four months are based upon forebearance from criminal acts or serious disciplinary infractions; one month is allocated on the basis of participation in a qualifying prison program.”
People v. Saffell, 599 P.2d 92 (Cal. 1979).
· cites it 2× “Here assuming there were no aggravating circumstances, Saffell should have been given a five-year rather than a six-year term with the opportunity of reducing the term of his confinement by one-third through good behavior (Pen. Code, §§ 2931, 2932). However, at least every six…”
Way v. Superior Court of San Diego Cty., 74 Cal. App. 3d 165 (Cal. Ct. App. 1977).
· cites it 2× “) The defendant may get one-third of those three years (Pen. Code, § 2931) off for good behavior while in prison, leaving two years.”
United States v. King, 736 F.3d 805 (9th Cir. 2013).
“2193 (citing Cal.Penal Code §§ 2931, 2933, 3000 (West 2000)).”
People v. Reynolds, 116 Cal. App. 3d 141 (Cal. Ct. App. 1981).
· cites it 2× “(Pen. Code, §§ 2931, 4019; People v. Sage (1980) 26 Cal.”
People v. Benton, 100 Cal. App. 3d 92 (Cal. Ct. App. 1979).
“(Pen. Code, § 2931.) Appellant must first exhaust administrative remedies.”
People v. Adams, 9 Cal. Rptr. 3d 170 (Cal. Ct. App. 2004).
“Appellant was sentenced to a term of straight life imprisonment pursuant to former Penal Code section 190 and Penal Code section 1168, subdivision (b).”
— Cal. Penal Code § 2931(a) — 1 case
— Cal. Penal Code § 2931(b) — 1 case
Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010).
“§ 31-20-5d; Wis. Stat. Ann. § 302.43 ; Wyo. Stat. Ann. § 7-13-420 .”
— Cal. Penal Code § 2931(c) — 2 cases
Toussaint v. McCarthy, 597 F. Supp. 1388 (N.D. Cal. 1984).
“For purposes of this case, the relevant statutes creating a liberty interest in freedom from assignment to segregation are the California worktime laws, Cal.Penal Code §§ 2931, 2932, and 2933. 47 Set forth at length in the margin, these laws require that each California inmate…”
— Cal. Penal Code § 2931(d) — 1 case
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