On May 1, 2021, the California Department of Corrections and Rehabilitation (CDCR) increased the percentages for Good Conduct Credit (GCC) under Proposition 57.
In its May 7 memo detailing this emergency regulation, CDCR stated the purpose was to inspire eligible people to stay on a positive path of good behavior.
The incarcerated population welcomed the news but it has also been accompanied by confusion and concern over how to properly calculate updated Earliest Possible Release Dates (EPRD) or Minimum Eligible Parole Dates (MEPD). While this confusion could have been eased by making the credit retroactive, CDCR did not extend the new percentages to before May 1, 2021.
CDCR is in the process of officially updating EPRDs and MEPDs, but many incarcerated people are understandably eager to calculate and verify their new dates for themselves. If CDCR has already calculated your new date, then you can consult with your counselor about your “calculation worksheet” (CDCR 1897-u) to see the methods used.
Alternatively, you can use our Do-It-Yourself (DIY) programming credit calculator at your convenience to follow the same steps as CDCR to arrive at your new, albeit unofficial, date. To illustrate the steps, we have assumed an example of someone starting their term after May 1, 2021. All that is needed to complete the calculation is the start date of your CDCR custody and your original Maximum Date and some basic math skills.
Inset Box – DIY Good Conduct Credit Calculator
New Prop. 57 Credit Calculation:
Step 1 – The difference between 5/1/2021 and your Max. Date converted to # of days. First subtract any awarded credits from your Max. Date.
Step 2 – # of Days x GCC% (either 0.333, 0.50, or 1.00) = Projected New-Prop. 57 GCC in days.
Combined GCC, Programming Credits, and New Dates:
Step 1 – Add the # of days for each relevant type of GCC credit together = Total days of GCC. The types could include Pre-Prop. 57 credit and/ or Pre-5/1/2021 Prop. 57 credit as applicable, in addition to your New Prop. 57 credit.
Step 2 – Subtract your total days of GCC from your original Max. Date = Your new EPRD or MEPD.
Step 3 – Finally, to estimate your best case, unofficial release date or parole eligibility date, subtract from your new EPRD or MEPD any other in-progress or projected Milestone, Rehabilitation, or Educational credits anticipated during your term to get your best case date.
Side Bar – Credit Earning Categories
Summarized from the 2020 California Code of Regulations, Title 15 Handbook.
Section 3043.2 Good Conduct Credit (GCC):
“Award of GCC shall advance an inmate’s release date if sentenced to determinate term or advance an inmate’s initial parole hearing date… if sentenced to indeterminate sentence with the possibility of parole.”
“Good Conduct” means compliance with regulations and rules, and performing assigned duties.
Can be forfeited for serious rule violations.
Starting on 5/1/2017 with the passage of Proposition 57, credit earning rate increased from 15% to 20% of time served for violent felonies (as defined under subdivision© of subsection 667.5 of the CA Penal Code), and to 33% for non-violent felonies and 50% for firefighters and other minimum custody circumstances.
Credit earning rate increased on 5/1/2021 to 33% for violent felonies, 50% for non-violent second and third strike offenses, and 30 days of credit for 30 days served (i.e., 100%) for Work Groups M (Minimum Custody) and F (Firefighting and Non-Firefighting Camp Placement).
Section 3043.3 Milestone Completion Credit (MCC):
MCC earned at rate of approximately 1 week credit for 1 month participation in approved education class or milestone program upon completion.
Capped at 12 weeks (84 days) of MCC per year with rollover of excess credits to the following year allowed. Calculation schedule based on “credit anniversary date” defined as the date of completion of first milestone credit.
Subject to forfeiture for serious rule violations.
Section 3043.4 Rehabilitation Achievement Credit (RAC):
RAC earned at a rate of 10 days credit for 52 hours of participation in approved self-help classes and RAC programs (as of 5/1/2019, previously 7 days per 52 hours).
Capped at 40 days credit per year with rollover of excess credit to the following year allowed.
Credit anniversary based on date of award of first RAC.
Subject to forfeiture for serious rule violations.
Section 4043.5 Educational Merit Credit (EMC):
180 days credit (6 months) earned for each of the following degrees: GED, Associates, Bachelors, Post-Graduate, and professional certification as Alcohol and Drug counselor.
Must complete at least 50% of degree class credits during current prison term with sanction of the local prison’s education department.
EMC awarded after receipt of degree from “regionally accredited institution” for colleges.
GED credit increased from 90 days to 180 days on 5/1/2019.
Not subject to forfeiture.
Section 3043.6 Extraordinary Conduct Credit (ECC):
Up to 12 months credit awarded for “heroic act in life-threatening situation” or “providing extraordinary assistance in maintaining the safety and security of a prison”.
Not subject to forfeiture.
Used to award 12 weeks (84 days) ECC credit during the pandemic in 2020 for all eligible inmates for following COVID safety protocols.
By Joshua Strange & James Duff—Journalism Guild Writers
