Cal. Code Regs. tit. 15 § 3329

Current through Register 2024 Notice Reg. No. 18, May 3, 2024

Section 3329 - Extraordinary Circumstances

(a) Extraordinary circumstances are significant factors which aggravate the seriousness of a rule violation. A finding of factors in aggravation shall be cause to postpone restoration for one additional disciplinary-free period.

(b) Extraordinary circumstances include:

(1) The victim was particularly vulnerable.

(2) Multiple victims were involved.

(3) The inmate induced others to participate in the act or occupied a position of leadership or dominance over the other participants.

(4) The inmate threatened witnesses, prevented or dissuaded witnesses from testifying, induced others to perjure themselves or in any way interfered in the investigation or adjudication of the act.

(5) The inmate's misconduct included other acts which could have resulted in the forfeiture of additional credits.

(6) The plan, sophistication, or professionalism with which the act was carried out, or other facts indicating premeditation.

(7) The inmate involved nonprisoners in the act.

(8) The act involved a large quantity of contraband.

(9) The inmate took advantage of a position of trust or confidence.

(10) The inmate engaged in a pattern of violent conduct.

(11) The inmate's record documents numerous acts of and/or increasingly serious misconduct.

Cal. Code Regs. Tit. 15, § 3329

1. New subsection (c)(13) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
3. Amendment of section and NOTE filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
4. Repealer of subsections (b)(1)-(2), (b)(10) and (b)(13), subsection renumbering, and amendment of newly designated subsection (b)(10) pursuant to Penal Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsection (b)(7) (Register 96, No. 36).
6. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
7. Repealer of subsection (b)(10) and subsection renumbering filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
8. Repealer of subsection (b)(10) and subsection renumbering refiled 2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 4573.6 and 5054, Penal Code.

1. New subsection (c)(13) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
3. Amendment of section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
4. Repealer of subsections (b)(1)-(2), (b)(10) and (b)(13), subsection renumbering, and amendment of newly designated subsection (b)(10) pursuant to Penal Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsection (b)(7) (Register 96, No. 36).
6. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
7. Repealer of subsection (b)(10) and subsection renumbering filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
8. Repealer of subsection (b)(10) and subsection renumbering refiled 2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).