Cal. Code Regs. tit. 15 § 3045.3

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3045.3 - "S" Time

(a) "S" time shall be noted on timekeeping documents for an authorized absence from the incarcerated person's assignment by order of the prison administration. The incarcerated person shall receive sentence-reducing credit commensurate with their designated work group. Incarcerated persons who are removed from their assignment for the reasons noted below, shall retain their existing work group status unless otherwise impacted by a classification committee or disciplinary action.

(b) "S" time shall be authorized only for the following:

(1) Institutional lockdown or modified program.

(2) Emergency recall.

(3) Attorney visits.

(4) Fog or inclement weather conditions.

(5) Work/training supervisor's absence when no relief supervisor is provided.

(6) Removed to out-to-court status.

(7) Three working days prior to transfer to another institution.

(8) Ten working days prior to parole or discharge, including institution base camps. Conservation camp incarcerated persons shall receive 15 days "S" time prior to release.

(9) Thirty working days prior to parole or discharge of an incarcerated person serving a term in another jurisdiction.

(10) Appearances at classification hearings or casework interviews which cannot be reasonably conducted during the incarcerated person's off-duty hours.

(11) Staff interviews with incarcerated persons regarding a death or emergency involving a member of their immediate family as defined in section 3000.

(12) Emergency or life-threatening medical or dental treatment.

(13) A temporary interruption or delay in the incarcerated person's assignment which is no fault of the incarcerated person.

(14) Medical consultant appointments with other than state employees.

(15) Incarcerated person match job development and initial screening interview.

(16) Hearings of the Board of Parole Hearings.

(17) Interviews with representatives of other governmental agencies.

(18) Delay in reporting to an assignment because of delayed meal schedule, unlocks, and clearing of the institutional count.

(19) Interview for staff preparation of a Penal Code Section 1170(d) report to the court.

(20) Temporary leave processing for a family emergency.

(21) A serious disciplinary hearing if overtime would be required for a staff witness to attend the hearing.

(22) Authorizations for any reason not listed in this section shall be considered on a case-by-case basis and require approval of the secretary or their designee.

Cal. Code Regs. Tit. 15, § 3045.3

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 673, 1170, 2690, 2933, 2933.05, 2933.6 and 5054, Penal Code.

1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Renumbering and amendment of former section 3045.1 to section 3045.3 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.
8. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
9. Amendment of subsections (a) and (b), repealer of subsection (b)(4), subsection renumbering and amendment of newly designated subsection (b)(22) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
10. Amendment of subsections (a), (b)(13) and (b)(18) and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
12. Amendment of subsection (b)(1) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
13. Change without regulatory effect amending subsection (b)(16) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
14. Change without regulatory effect amending subsections (a), (b)(8)-(11), (b)(13) and (b)(15) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).