Effective May 1, 2021, CDCR is changing the Good Conduct Credit (GCC) by increasing the credit rate (Prop 57)

Given the many questions our law office has received on the new CDCR standardizing the amount of Good Conduct Credit (GCC) by increasing the credit rate for eligible incarcerated people; we provide the explanation below and a refresher of the November 2016, California voters passing Proposition 57, the Public Safety and Rehabilitation Act of 2016.

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In November 2016, California voters overwhelmingly passed Proposition 57, the Public Safety and Rehabilitation Act of 2016. Under Proposition 57, CDCR has incentivized incarcerated people to take responsibility for their own rehabilitation by providing credit-earning opportunities for sustained good behavior, as well as in-prison program and activities participation. Under Proposition 57, incarcerated people increased their Good Conduct Credit earning, and have been given time credits for participation in Milestone Completion Credits, Rehabilitative Achievement Credits, and Educational Merit Credits. Earning additional credits can move up parole consideration of people convicted of nonviolent crimes who have served the full-term of the sentence for their primary offense, and who demonstrate that their release to the community would not pose an unreasonable risk of violence to the community.

As a Reminder: Proposition 57 included three major components designed to improve the juvenile and adult criminal justice system in California.

1) Establishes a parole consideration process for determinately-sentenced and indeterminately-sentenced people convicted of nonviolent crimes, as defined by California Penal Code, who have served the full term for their primary criminal offense and who demonstrate they no longer pose a current, unreasonable risk to the public.

2) Gives incarcerated people the opportunity to earn additional credits for good behavior and participation in rehabilitative, educational, and career training programs so they are better prepared to succeed and less likely to commit new crimes on the outside.

3) Requires judges, rather than prosecutors, to determine whether juveniles charged with certain crimes should be tried in juvenile or adult court.


Effective May 1, 2021, CDCR is standardizing the amount of Good Conduct Credit (GCC) by increasing the credit rate for eligible incarcerated people based on their conviction pursuant to emergency regulations. GCC incentivizes incarcerated people to comply with departmental regulations and prison rules, and to perform the duties assigned on a regular and satisfactory basis.

Gov. Newsom’s administration explains the goals of the new policy, “The goal is to increase incentives for the incarcerated population to practice good behavior and follow the rules while serving their time, and participate in rehabilitative and educational programs, which will lead to safer prisons… Additionally, these changes would help to reduce the prison population by allowing incarcerated persons to earn their way home sooner.”


Good Conduct Credit

GCCs are awarded to eligible individuals who comply with all the rules within a prison and perform their duties as assigned on a regular basis. Increasing the amount of GCC provides a compelling reason for individuals to positively program, as GCC may be forfeited due to disciplinary action.

Effective May 1, 2021, CDCR will increase the rate of GCC earned for individuals serving time under Penal Code 667.5(c) from 20% to 33%, and from 33.3% to 50% for nonviolent second and third strikers.

Minimum Security Credit

Under the emergency regulations, CDCR is establishing the Minimum Security Credit (MSC), which will be awarded to all eligible incarcerated people who work in conservation (fire) camps, are trained as firefighters, or who are assigned to minimum custody status. Effective May 1, 2021, incarcerated people will be awarded 30 days of credit for every 30 continuous days served.

Milestone Completion Credits

MCC is awarded for successful completion of rehabilitative or educational programs designed to prepare participants to find employment upon release.
MCC is awarded in increments of not less than one week, but no more than 12 weeks, in a 12-month period.

Rehabilitative Achievement Credits

RAC is awarded to those who complete specified hours of approved self-help and volunteer public service activities.
10 days of credit may be awarded to someone who completes 52 hours of approved programming in a 12-month period.


Educational Merit Credits

 EMC is awarded for completion of high school diploma or equivalency programs, higher education degrees, or the Offender Mentor Certification Program (OMCP).
 90 calendar days may be awarded for completion of a high school diploma or high school equivalency approved by the Department of Education, while 180 days may be awarded for successful completion of associate, bachelor’s and post-graduate degrees, and the OMCP.

Extraordinary Conduct Credits

An award of up to 12 months of credit may be awarded to those who have performed a heroic act in a life-threatening situation or who have provided exceptional assistance in maintaining the safety and security of a prison.

Under Proposition 57, CDCR increased credits for Good Conduct and Milestone Completion Programs, and introduced credits for Rehabilitative Achievement and Educational Merit. Credit-earning opportunities incentivize incarcerated people to actively participate in their rehabilitation, while earning time off of their sentence.

All people in state prison, except those condemned to death or sentenced to life without the possibility of parole. A Big Thank you for CDCR and BPH for updating their website to provide the latest updates.

We suggest that inmates can contact their counselors or the Case Records department [at their institutions] to ask for a recalculation of their Release Date, if  they believe they have accumulated these credits, that are not reflected in their Central-file.


 

BPH's emergency Regulations state the Board is not required to give Comprehensive Risk Assessments (CRA) under certain grounds

 Our law office is getting  many questions regarding the Board of Parole Hearings adopting emergency  regulations regarding Title 15 Ca. Code of Regs. Section 2240 (d); the code that solidified the Comprehensive Risk Assessments (CRA, a.k.a. Psychological evaluation) and its use in parole suitability hearings.  

The increase in the number of people eligible for a parole hearing and number of postponements due to COVID-19 have created an overwhelming demand for parole hearings. This increase in the demand for hearings has also resulted in an overwhelming demand for Comprehensive Risk Assessments (CRAs).

In an effort to provide the most people with parole hearings, the Board has adopted emergency regulations. The Board's emergency regulations explain that risk assessments will not be required for all parole consideration hearings. The Board of Parole Hearings (BPH) recognizes the inmates’ right to a timely parole hearing. The new Regulations DO NOT change the current Parole Hearing schedule nor does it exclude any Lifers (or Long-Term Offender) from having their set Parole Hearing held.

Specifically, these regulations state the Board is not required to prepare a Comprehensive Risk Assessment (CRA) for parole hearings scheduled to occur between April 1, 2021 and June 30, 2022 if the inmate:

1) is  designated by the department (CDCR) to be Security Level IV   and
2) have received two or more serious 115s between January 1, 2018 and Jan 1, 2022.

Will it automatically mean a denial for those impacted by the change? Not necessarily.
This means that if a Lifer who fits the criteria has received a HIGH-risk rating on a past CRA s/he will not receive a new CRA. Keep in mind that less than 1% of those individuals up for parole who present with a HIGH-risk rating are granted parole.

In short, one would need to have 2 serious RVRs within 3 years; the likelihood of  a FAD (BPH) clinician reducing their risk rating (whether from high to moderate or moderate to low) is, almost impossible.  So, while those who fall under these new Regs will not get a new CRA, even if that current document is older than 3 years, they will still get a parole hearing at the scheduled date and time. And they still have the opportunity, uphill battle though it may be, to convince the parole panel of their suitability.

IN SHORT: if you are a Security Level IV inmate, with 2 or more serious RVRs between January 2018 and January 2021 in your jacket, you won’t be getting a new free CRA from BPH! Your hearing will go forward UNLESS the inmates waive or postpone their hearing.

If the inmate believes there was an error and s/he does not meet the grounds for not getting a CRA you or your attorney may challenge the decision not to prepare a CRA, by writing a letter to the Board Chief Counsel; PO BOX 4036; Sacramento, CA 95812-4036. Your letter must be received by the Board at least 30 days before the scheduled hearing to allow time for a pre-hearing response.   

If there is a change in your physical or mental health condition since your last RVR that would be relevant to determining your suitability for parole, you or your attorney may request a CRA. The written request must explain the change and how it is relevant to determining your suitability for parole.

Remember that California prisoners who are housed out of state for reasons ranging from accommodation for various health/family reasons to their own protection, do not receive a CRA either, prior to their California hearings, as the FAD forensic psychologists are not licensed to practice in states other than California.

Just like the out-of-state inmates, there is NOTHING stopping the inmate from hiring their own private Psychologist to administer different actuarial instruments, used by FAD psychologists to mimic the CRA that are used at a Parole Hearing.

In re JOHNNIE HOZE 2/25/21: Elderly Parole, no need to serve Thompson "prison" terms.

Congratulation to attorney Marc Norton for this great published case to assist in the Elderly Parole Hearings.

 In Short, the Board determined that Hoze must serve additional sentences for two offenses he committed in prison.  The trial court stated he was entitled to immediate release under the Elderly Parole Program.  Hoze is not required to serve his sentences for in-prison offenses because a grant of parole under section 3055 supersedes section 1170.1(c).

 

This is a straight forward decision and  some Court Excerpt are described below: 

For the FULL case see:  https://www.leagle.com/decision/infdco20110228632

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COURT FINDING:

When Johnnie Hoze was 67 years old, and after he had served nearly four decades in state prison on an indeterminate life sentence, the Board of Parole Hearings ("Board") found him suitable for parole under the Elderly Parole Program (Pen. Code, § 3055). Before he could be released, however, the Board determined that Hoze must serve additional sentences for two offenses he committed in prison, consistent with section 1170.1, subdivision (c) (hereafter, section 1170.1(c)). Hoze filed a habeas corpus petition alleging he was entitled to immediate release under the Elderly Parole Program. The trial court granted the petition. We agree with the trial court: Hoze is not required to serve his sentences for in-prison offenses because a grant of parole under section 3055 supersedes section 1170.1(c). We affirm.  

BACKGROUND:

Hoze began serving an indeterminate life sentence in 1980, after he was convicted of attempted kidnapping, assault with a deadly weapon, robbery, vehicle theft, oral copulation, kidnapping with intent to commit robbery, and battery by means of force and violence. While incarcerated, he was convicted of weapon possession in 1981 and again in 1987. Hoze was sentenced to two additional, consecutive prison terms, known as Thompson terms, for the in-prison offenses—three years for the first conviction, and one year for the second. (See In re Thompson (1985) 172 Cal.App.3d 256 (Thompson); § 1170.1(c).) In 2018, the Board granted Hoze parole under the Elderly Parole Program. The Board considered the nature and gravity of Hoze’s offenses, including the in-prison weapons violations. It concluded that based on “the positive adjustments you’ve made over the last decade for sure . . . it was our opinion that based on the positives that you no longer pose a risk of danger to society.” 

While in prison, Hoze participated in vocational training and self-help programs including Alcoholics Anonymous and Narcotics Anonymous, and he received positive work reports from prison staff. The Board explained, “[t]here’s no question in our mind that today as you present in front of us you have matured and that you have grown” and that “your current age of 67 does reduce your recidivism risk.” 

Although the parole decision became final on September 4, 2018, Hoze was not released immediately because the Board concluded that his parole grant did not excuse him from serving his Thompson terms.

 

DISCUSSION:

The issue here is whether the Elderly Parole Program (§ 3055) overrides the requirement, under section 1170.1(c), that an inmate must serve his Thompson term when he would otherwise be released on parole. In its briefs, the Board argued that the program does not override section 1170.1(c). At oral argument, the Board informed us that, in light of the recent legislative amendments to the program (discussed further below), it has modified its position. While the Board does not concede defeat, it agrees that Hoze’s position is reasonable, and it looks to this court for guidance on the issue.

We hold that a parole grant pursuant to section 3055 overrides section 1170.1(c). Hoze is not required to serve his Thompson terms.