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California Law (Last Updated: March 4, 2014) |
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Penal Code - PEN |
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Part 3. OF IMPRISONMENT AND THE DEATH PENALTY |
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Title 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS |
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Chapter 7. Execution of Sentences of Imprisonment |
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ARTICLE 2.5. Credit on Term of Imprisonment |
Section 2933.6.
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(a) Notwithstanding any other law, a person who is placed in a Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or an Administrative Segregation Unit for misconduct described in subdivision (b) or upon validation as a prison gang member or associate is ineligible to earn credits pursuant to Section 2933 or 2933.05 during the time he or she is in the Security Housing Unit, Psychiatric Services Unit, Behavioral Management Unit, or the Administrative Segregation Unit for that misconduct.
(b) This section applies to the following offenses:
(1) Murder, attempted murder, and solicitation of murder. For purposes of this paragraph, solicitation of murder shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances.
(2) Manslaughter.
(3) Assault or battery causing serious bodily injury.
(4) Assault or battery on a peace officer or other nonprisoner which results in physical injury.
(5) Assault with a deadly weapon or caustic substance.
(6) Rape, attempted rape, sodomy, attempted sodomy, oral copulation, or attempted oral copulation accomplished against the victim's will.
(7) Taking a hostage.
(8) Escape or attempted escape with force or violence.
(9) Escape from any departmental prison or institution other than a camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material with intent to burn any structure or property.
(13) Solicitation of assault with a deadly weapon or assault by means of force likely to produce great bodily injury, arson, or a forcible sex act.
(14) Intentional destruction of state property in excess of four hundred dollars ($400) during a riot or disturbance.
(c) This section does not apply if the administrative finding of the misconduct is overturned or if the person is criminally prosecuted for the misconduct and is found not guilty.