(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.
Notes of Decisions
Joseph Toussaint v. Daniel McCarthy Defendants/appellants/cross-Appellees, 801 F.2d 1080 (9th Cir. 1986).
· cites it 4× “Cal. Penal Code § 2933 . Worktime credits on sentences; amount; receipt; forfeiture; restoration; review (a) It is the intent of the Legislature that persons convicted of crime and sentenced to state prison, under Section 1170, serve the entire sentence imposed by the court,…”
People v. Caddick, 160 Cal. App. 3d 46 (Cal. Ct. App. 1984).
· cites it 8× “Worktime credits may be awarded for performance in work assignments and performance in elementary, high school, or vocational education programs.”
People v. Jones, 899 P.2d 1358 (Cal. 1995).
· cites it 10× “At the time that Penal Code section 2931 was amended into its present form in 1982 with the limitation of subdivision (d) to offenses perpetrated before January 1, 1983, Penal Code section 2933 was added to authorize the Director of Corrections, *125 as pertinent here, to…”
In re Reeves, 110 P.3d 1218 (Cal. 2005).
· cites it 2× “Penal Code section 2933 [1] offers state prisoners who participate in qualifying work, training and educational programs the privilege of earning "worktime credit" *6 ( id.”
Toussaint v. McCarthy, 597 F. Supp. 1388 (N.D. Cal. 1984).
· cites it 3× “Cal.Penal Code § 2933 is the good time credit law applicable to all prisoners whose crimes were committed on or after January 1, 1983, and to any other prisoner who elects to be governed by its provisions pursuant to Cal.”
In re Monigold, 205 Cal. App. 3d 1224 (Cal. Ct. App. 1988).
· cites it 6× “) In January 1983, Penal Code section 2933 [1] was enacted, allowing day-for-day worktime credits.”
Joseph Scott Hunter v. Robert L. Ayers, 336 F.3d 1007 (9th Cir. 2003).
· cites it 3× “See Cal.Penal Code § 2933(c). "Under regulations adopted by the Department of Corrections, which shall require a period of not more than one year free of disciplinary infractions, worktime credit which has been previously forfeited may be restored by the director.”
United States v. Armstrong, 517 U.S. 456 (1996).
“Thus, with three priors and the possibility of worktime reductions, see Cal. Penal Code Ann. § 2933 (West Supp. 1996), Hampton could have served as little as six years under California law.”
Gray v. Hernandez, 651 F. Supp. 2d 1167 (S.D. Cal. 2009).
· cites it 4× “The only statute cited by Plaintiff, Cal.Penal Code § 2933, simply delegates broad authority to the Director of Corrections to allocate worktime resources between categories of prisoners.”
Benio Kalka v. Dan Vasquez, 867 F.2d 546 (9th Cir. 1989).
· cites it 4× “He contends that the district court erred in determining that Kal-ka’s due process and equal protection rights were not violated when the respondent denied him worktime credit under California Penal Code section 2933 from the date he was available to work until the date he…”
In re Jenkins, 240 P.3d 260 (Cal. 2010).
· cites it 2× ““Penal Code section 2933 offers state prisoners who participate in qualifying work, training and educational programs the privilege of earning ‘work-time credit’ (id.”
Damous Nettles v. Randy Grounds, 788 F.3d 992 (9th Cir. 2015).
· cites it 2× “Additionally, a prisoner is ineligible to earn post-conviction credits under California Penal Code section 2933(b) or program credit reductions under California Penal Code section 2933.”
Cal. Penal Code § 2933(a): 4 cases
Joseph Toussaint v. Daniel McCarthy Defendants/appellants/cross-Appellees, 801 F.2d 1080 (9th Cir. 1986).
“Cal. Penal Code § 2933 . Worktime credits on sentences; amount; receipt; forfeiture; restoration; review (a) It is the intent of the Legislature that persons convicted of crime and sentenced to state prison, under Section 1170, serve the entire sentence imposed by the court,…”
Toussaint v. McCarthy, 597 F. Supp. 1388 (N.D. Cal. 1984).
“Cal.Penal Code § 2933 is the good time credit law applicable to all prisoners whose crimes were committed on or after January 1, 1983, and to any other prisoner who elects to be governed by its provisions pursuant to Cal.”
Benio Kalka v. Dan Vasquez, 867 F.2d 546 (9th Cir. 1989).
“He contends that the district court erred in determining that Kal-ka’s due process and equal protection rights were not violated when the respondent denied him worktime credit under California Penal Code section 2933 from the date he was available to work until the date he…”
Cal. Penal Code § 2933(b): 7 cases
Joseph Toussaint v. Daniel McCarthy Defendants/appellants/cross-Appellees, 801 F.2d 1080 (9th Cir. 1986).
“Cal. Penal Code § 2933 . Worktime credits on sentences; amount; receipt; forfeiture; restoration; review (a) It is the intent of the Legislature that persons convicted of crime and sentenced to state prison, under Section 1170, serve the entire sentence imposed by the court,…”
Damous Nettles v. Randy Grounds, 788 F.3d 992 (9th Cir. 2015).
“Additionally, a prisoner is ineligible to earn post-conviction credits under California Penal Code section 2933(b) or program credit reductions under California Penal Code section 2933.”
Gray v. Hernandez, 651 F. Supp. 2d 1167 (S.D. Cal. 2009).
“The only statute cited by Plaintiff, Cal.Penal Code § 2933, simply delegates broad authority to the Director of Corrections to allocate worktime resources between categories of prisoners.”
Toussaint v. McCarthy, 597 F. Supp. 1388 (N.D. Cal. 1984).
“Cal.Penal Code § 2933 is the good time credit law applicable to all prisoners whose crimes were committed on or after January 1, 1983, and to any other prisoner who elects to be governed by its provisions pursuant to Cal.”
Benio Kalka v. Dan Vasquez, 867 F.2d 546 (9th Cir. 1989).
“He contends that the district court erred in determining that Kal-ka’s due process and equal protection rights were not violated when the respondent denied him worktime credit under California Penal Code section 2933 from the date he was available to work until the date he…”
Cal. Penal Code § 2933(c): 3 cases
Joseph Scott Hunter v. Robert L. Ayers, 336 F.3d 1007 (9th Cir. 2003).
“See Cal.Penal Code § 2933(c). "Under regulations adopted by the Department of Corrections, which shall require a period of not more than one year free of disciplinary infractions, worktime credit which has been previously forfeited may be restored by the director.”
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