Police Department Policy

4-04_Taking of Good Time-Work Time_1454-12262019

Sacramento County Sheriff

Policy Text
Correctional Services 4/04 (REV 12/16) Work Release OPERATIONS ORDER Taking of Good Time/Work Time The purpose of this Order is to define the available Good Time and Work Time which a sentenced inmate may lose due to inappropriate behavior. I. General Guidelines A. California Penal Code 4019 es tablished the basis for crediti ng Good Time/Work Time to an inmate’s sentence. 1. Good Time is awarded one day fo r every four days in custody “unless it appears by the record that the prisoner has not satisfactorily complied with th e reasonable rules and regulatio ns established by the sheriff …” ( PC 4019(c)). 2. Work Time is awarded one day for every four days in custody “unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff…” (PC 4019(b)). B. California Code of Regulations , Title XV mandates Good Time/ Work Time may be lost as a result of disci pline if certain procedures are followed. “The consequences of a major violation may include, but are not limited to, loss of good time/wor k time, placement in disciplin ary isolation, disciplinary isolatio n diet, or loss of privileges m andated by regulations.” (Title XV, 1081(c)) C. The appellate court case In re Walrath [Crim. No. 37222. Cou rt of Appeals of California, Second Appellate District, Division Five. June 2 , 1980.] (106 C.A. 3d 426) clarifies the guide lines for removing Good Time/Wo rk Time. D. Work Release Division Ops Order 4/03, Program Participant Di sciplinary Process, lists the policy and procedures fo r removing Good Time/Work Time from sentences. II. Disciplinary Process A. Prior to any good time/work t ime credits being removed from an inmate’s sentence, the inmate must be affo rded “due process” per Califor nia Code of Regulations, Title XV, Article 7, Section 1081. Correctional Services 4/04 (REV 12/16) Work Release B. The Facility Commander, or hi s/her designee, will be respons ible for imposing any discipline. 1. In the disciplinary process the actual taking of good time/w ork time can only be taken by a Facility Commander or his/her designee. III. Good Time/Work Time Available to be Taken A. Any Good Time that will be ear ned on a sentence may be taken in whole or in part on the first day o f the sentence throughout the last day of the sentence if “ it appears by the record that the prisoner has not satisfactori ly complied with the reasonable rule s and regulations established by the sheriff.” (PC 4019(C)) B. Any Work Time that will be earn ed on a sentence may be taken in whole or in part on the first day o f the sentence throughout the last day of the sentence if “it appears by the re cord that the prisoner has ref used to satisfactorily perform labor a s assigned by the sheriff.” (PC 4019(B)) IV. Multiple Commitments A. Time served on multiple commi tments will be served in the or der of commitment issuance date; i.e., ti me will be served on the olde st commitment first. B. When multiple commitments ar e issued on the same date, the commitment with the smallest docket number will be served first . C. Once the time owed on a co mmitment has been served, one may not take Good Time/Work Time away from t hat commitment in a future disci plinary action. D. One may take all or part of any Good Time/Work Time on the c ommitment currently being served or on any commitment the inmate will be serving. Appendices: None Related Orders: Operations Order 4/03 References: In re Walrath [Crim. No. 37222. Court of Appeals of Californ ia, Second Appellate District, Divis ion Five. June 2, 1980.] (106 C .A. 3d 426) California P enal Code 4019 California Code of R egulations, Title XV, Article 7, Section 1 081

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