Cal. Codes » Penal Code / PART 3. OF IMPRISONMENT AND THE DEATH PENALTY / TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS / CHAPTER 7. Execution of Sentences of Imprisonment / ARTICLE 2.5. Credit on Term of Imprisonment
California Codes

Cal. Penal Code § 2932 (2026)

✓ current as of May 2026
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(a)(1)For any time credit accumulated pursuant to Section 2931 or 2933, not more than 360 days of credit may be denied or lost for a single act of murder, attempted murder, solicitation of murder, manslaughter, rape, sodomy, or oral copulation accomplished against the victim’s will, attempted rape, attempted sodomy, or attempted oral copulation accomplished against the victim’s will, assault or battery causing serious bodily injury, assault with a deadly weapon or caustic substance, taking of a hostage, escape with force or violence, or possession or manufacture of a deadly weapon or explosive device, whether or not prosecution is undertaken for purposes of this paragraph. Solicitation of murder shall be proved by the testimony of two witnesses, or of one witness and corroborating circumstances.

(2)Not more than 180 days of credit may be denied or lost for a single act of misconduct, except as specified in paragraph (1), which could be prosecuted as a felony whether or not prosecution is undertaken.

(3)Not more than 90 days of credit may be denied or lost for a single act of misconduct which could be prosecuted as a misdemeanor, whether or not prosecution is undertaken.

(4)Not more than 30 days of credit may be denied or lost for a single act of misconduct defined by regulation as a serious disciplinary offense by the Department of Corrections and Rehabilitation. Any person confined due to a change in custodial classification following the commission of any serious disciplinary infraction shall, in addition to any loss of time credits, be ineligible to receive participation or worktime credit for a period not to exceed the number of days of credit which have been lost for the act of misconduct or 180 days, whichever is less. Any person confined in a secure housing unit for having committed any misconduct specified in paragraph (1) in which great bodily injury is inflicted upon a nonprisoner shall, in addition to any loss of time credits, be ineligible to receive participation or worktime credit for a period not to exceed the number of days of credit which have been lost for that act of misconduct. In unusual cases, an inmate may be denied the opportunity to participate in a credit qualifying assignment for up to six months beyond the period specified in this subdivision if the Secretary of the Department of Corrections and Rehabilitation finds, after a hearing, that no credit qualifying program may be assigned to the inmate without creating a substantial risk of physical harm to staff or other inmates. At the end of the six-month period and of successive six-month periods, the denial of the opportunity to participate in a credit qualifying assignment may be renewed upon a hearing and finding by the director.

(5)The prisoner may appeal the decision through the department’s review procedure, which shall include a review by an individual independent of the institution who has supervisorial authority over the institution.

(b)For any credit accumulated pursuant to Section 2931, not more than 30 days of participation credit may be denied or lost for a single failure or refusal to participate. Any act of misconduct described by the Department of Corrections and Rehabilitation as a serious disciplinary infraction if committed while participating in work, educational, vocational, therapeutic, or other prison activity shall be deemed a failure to participate.

(c)Any procedure not provided for by this section, but necessary to carry out the purposes of this section, shall be those procedures provided for by the Department of Corrections and Rehabilitation for serious disciplinary infractions if those procedures are not in conflict with this section.

(1)(A)The Department of Corrections and Rehabilitation shall, using reasonable diligence to investigate, provide written notice to the prisoner. The written notice shall be given within 15 days after the discovery of information leading to charges that may result in a possible denial of credit, except that if the prisoner has escaped, the notice shall be given within 15 days of the prisoner’s return to the custody of the secretary. The written notice shall include the specific charge, the date, the time, the place that the alleged misbehavior took place, the evidence relied upon, a written explanation of the procedures that will be employed at the proceedings and the prisoner’s rights at the hearing. The hearing shall be conducted by an individual who shall be independent of the case and shall take place within 30 days of the written notice.

(B)The Department of Corrections and Rehabilitation may delay written notice beyond 15 days when all of the following factors are true:

(i)An act of misconduct is involved which could be prosecuted as murder, attempted murder, or assault on a prison employee, whether or not prosecution is undertaken.

(ii)Further investigation is being undertaken for the purpose of identifying other prisoners involved in the misconduct.

(iii)Within 15 days after the discovery of information leading to charges that may result in a possible denial of credit, the investigating officer makes a written request to delay notifying that prisoner and states the reasons for the delay.

(iv)The warden of the institution approves of the delay in writing.

The period of delay under this paragraph shall not exceed 30 days. The prisoner’s hearing shall take place within 30 days of the written notice.

(2)The prisoner may elect to be assigned an employee to assist in the investigation, preparation, or presentation of a defense at the disciplinary hearing if it is determined by the department that either of the following circumstances exist:

(A)The prisoner is illiterate.

(B)The complexity of the issues or the prisoner’s confinement status makes it unlikely that the prisoner can collect and present the evidence necessary for an adequate comprehension of the case.

(3)The prisoner may request witnesses to attend the hearing and they shall be called unless the person conducting the hearing has specific reasons to deny this request. The specific reasons shall be set forth in writing and a copy of the document shall be presented to the prisoner.

(4)The prisoner has the right, under the direction of the person conducting the hearing, to question all witnesses.

(5)At the conclusion of the hearing the charge shall be dismissed if the facts do not support the charge, or the prisoner may be found guilty on the basis of a preponderance of the evidence.

(d)If found guilty the prisoner shall be advised in writing of the guilty finding and the specific evidence relied upon to reach this conclusion and the amount of time-credit loss. The prisoner may appeal the decision through the department’s review procedure, and may, upon final notification of appeal denial, within 15 days of the notification demand review of the department’s denial of credit to the Board of Parole Hearings, and the board may affirm, reverse, or modify the department’s decision or grant a hearing before the board at which hearing the prisoner shall have the rights specified in Section 3041.5.

(e)Each prisoner subject to Section 2931 shall be notified of the total amount of good behavior and participation credit which may be credited pursuant to Section 2931, and his or her anticipated time-credit release date. The prisoner shall be notified of any change in the anticipated release date due to denial or loss of credits, award of worktime credit, under Section 2933, or the restoration of any credits previously forfeited.

(f)(1)If the conduct the prisoner is charged with also constitutes a crime, the department may refer the case to criminal authorities for possible prosecution. The department shall notify the prisoner, who may request postponement of the disciplinary proceedings pending the referral.

(2)The prisoner may revoke his or her request for postponement of the disciplinary proceedings up until the filing of the accusatory pleading. In the event of the revocation of the request for postponement of the proceeding, the department shall hold the hearing within 30 days of the revocation.

(3)Notwithstanding the notification requirements in this paragraph and subparagraphs (A) and (B) of paragraph (1) of subdivision (c), in the event the case is referred to criminal authorities for prosecution and the authority requests that the prisoner not be notified so as to protect the confidentiality of its investigation, no notice to the prisoner shall be required until an accusatory pleading is filed with the court, or the authority notifies the warden, in writing, that it will not prosecute or it authorizes the notification of the prisoner. The notice exceptions provided for in this paragraph shall only apply if the criminal authority requests of the warden, in writing, and within the 15 days provided in subparagraph (A) of paragraph (1) of subdivision (c), that the prisoner not be notified. Any period of delay of notice to the prisoner shall not exceed 30 days beyond the 15 days referred to in subdivision (c). In the event that no prosecution is undertaken, the procedures in subdivision (c) shall apply, and the time periods set forth in that subdivision shall commence to run from the date the warden is notified in writing of the decision not to prosecute. In the event the authority either cancels its requests that the prisoner not be notified before it makes a decision on prosecution or files an accusatory pleading, the provisions of this paragraph shall apply as if no request had been received, beginning from the date of the cancellation or filing.

(4)In the case where the prisoner is prosecuted by the district attorney, the Department of Corrections and Rehabilitation shall not deny time credit where the prisoner is found not guilty and may deny credit if the prisoner is found guilty, in which case the procedures in subdivision (c) shall not apply.

(g)If time credit denial proceedings or criminal prosecution prohibit the release of a prisoner who would have otherwise been released, and the prisoner is found not guilty of the alleged misconduct, the amount of time spent incarcerated, in excess of what the period of incarceration would have been absent the alleged misbehavior, shall be deducted from the prisoner’s parole period.

(h)Nothing in the amendments to this section made at the 1981–82 Regular Session of the Legislature shall affect the granting or revocation of credits attributable to that portion of the prisoner’s sentence served prior to January 1, 1983.

Notes of Decisions
Cited in 30 cases (7 in the last 5 years), 1979–2026 · leading case: Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010).
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Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010). · cites it 4× “§ 53.1-193-.196; W. Va.Code Ann. § 31-20-5d; Wis.”
Ponte v. Real, 471 U.S. 491 (1985). · cites it 2× “2, p. 16 (1982); Fla. Dept. of Corrections, Rules ¶ 33-22.”
Toussaint v. McCarthy, 597 F. Supp. 1388 (N.D. Cal. 1984). · cites it 3× “See Cal.Penal Code § 2932(a). In unusual cases, the prisoner may be denied the opportunity to participate for additional six (6) month periods upon the determination of the Director of Corrections, reached in accordance with California' law, that no credit qualifying assignment…”
Joseph Toussaint, Plaintiffs/appellees/cross-Appellants v. Daniel McCarthy Defendants/appellants/cross-Appellees, 801 F.2d 1080 (9th Cir. 1986). “Cal. Penal Code § 2932 . Denial of time credits; grounds; limitations; procedure; effect; review; criminal prosecution (a) For any time credit accumulated pursuant to Section 2931 or to Section 2933, not more than 180 days of credit may be denied or lost for a single act of…”
In Re Jackson, 731 P.2d 36 (Cal. 1987). · cites it 3× “(Pen. Code, § 2932; Cal. Admin. Code, tit.”
In Re Dikes, 18 Cal. Rptr. 3d 9 (Cal. Ct. App. 2004). · cites it 3× “” (Pen. Code, § 2932, subd. (a).) This statute does not change our view that there was some evidence to support the finding that Dikes possessed a controlled substance in violation of prison regulations.”
In Re Fain, 139 Cal. App. 3d 295 (Cal. Ct. App. 1983). · cites it 2× “nated by the Department of Corrections present to "insure that all facts relevant to the decision be presented," unless counsel is required by some other provision of law; (4) request and receive a record of the proceeding; (5) request witnesses to attend the hearing, "and they…”
In Re Rothwell, 164 Cal. App. 4th 160 (Cal. Ct. App. 2008). “454 [recognizing that “advance written notice of the disciplinary charges” is required by the federal Constitution prior to the removal of an inmate’s time credits]; Pen. Code, § 2932, subd. (c)(1)(A) [requiring Department to provide written notice of charge prior to deprivation…”
In Re Davis, 599 P.2d 690 (Cal. 1979). “6 Penal Code section 2932, subdivision (c), provides for a stay of up to 60 days of proceedings to revoke good time credits when the case is referred to the DA.”
In Re Huffman, 724 P.2d 475 (Cal. 1986). “Not more than 90 days of credit can be lost for a single disciplinary violation other than one which would support criminal charges (Pen. Code, § 2932, subd. (a)), and not more than 30 days can be lost for a single failure to participate in qualified “work, educational,…”
In Re Ballard, 115 Cal. App. 3d 647 (Cal. Ct. App. 1981). “(Pen. Code, § 2932, subd. (d).) Fundamental fairness requires that where misapplication of Sage credits has contributed to delay a prisoner’s release date, those credits must be used to adjust the parole release date.”
In Re Kemper, 112 Cal. App. 3d 434 (Cal. Ct. App. 1980). “And he is also entitled to the same credit for the period spent in sheriiFs custody between January 5 and March 13, 1978, since, under Penal Code sections 2931 and 2900, the Department of Corrections has not only the power to reduce the term for time spent in sheriiFs custody,…”
Show all 30 citing cases →
— Cal. Penal Code § 2932(a) — 1 case
Toussaint v. McCarthy, 597 F. Supp. 1388 (N.D. Cal. 1984). “See Cal.Penal Code § 2932(a). In unusual cases, the prisoner may be denied the opportunity to participate for additional six (6) month periods upon the determination of the Director of Corrections, reached in accordance with California' law, that no credit qualifying assignment…”
— Cal. Penal Code § 2932(a)(3) — 1 case
Ponte v. Real, 471 U.S. 491 (1985). “2, p. 16 (1982); Fla. Dept. of Corrections, Rules ¶ 33-22.”
— Cal. Penal Code § 2932(a)(4) — 1 case
Stuckey v. Robertson (N.D. Cal. 2023).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.