Offense | SET TERM (Mos/Days) |
(1) Homicide: | |
(A) Murder, attempted murder, solicitation of murder, or voluntary manslaughter of a non-inmate. | 24 |
(B) Murder, attempted murder, solicitation of murder, or voluntary manslaughter of an inmate. | 18 |
(2) Violence Against Persons: | |
(A) Battery on a non-inmate with a weapon capable of causing serious or mortal injury; caustic substance or other fluids capable of causing serious or mortal injury; or physical force causing serious injury. | 15 |
(B) Assault on a non-inmate with a weapon, capable of causing serious or mortal injury; caustic substance or other fluids capable of causing serious or mortal injury. | 7/15 |
(C) Rape, sodomy, or oral copulation on a non-inmate, or any attempt. | 15 |
(D) Battery on an inmate with a weapon capable of causing serious or mortal injury; caustic substance or other fluids capable of causing serious or mortal injury or physical force causing serious injury. | 9 |
(E) Assault on an inmate with a weapon capable of causing serious or mortal injury; caustic substance or other fluids capable of causing serious or mortal injury. | 4/15 |
(F) Rape, sodomy, or oral copulation on an inmate accomplished against the inmate's will, or any attempt. | 9 |
(G) Battery on a non-inmate without serious injury. | 6 |
(H) Assault on a non-inmate. | 3 |
(I) Aggravated battery by means of gassing intentionally placing or throwing, or causing to be placed or thrown upon the person of a non-inmate, any human excrement or bodily fluids or bodily substances, or any mixture containing human excrement or other bodily fluids or bodily substances, which results in actual contact with the person's skin or membranes. | 10 |
(J) Battery on an inmate by means of gassing intentionally placing or throwing, or causing to be placed or thrown upon the person of an inmate, any human excrement or bodily fluids or bodily substances, or any mixture containing human excrement or other bodily fluids or bodily substances, which results in actual contact with the person's skin or membranes. | 6 |
(3) Threat to Kill or Assault Persons: | |
(A) To take or use a non-inmate as a hostage. | 15 |
(B) Threat of violence to non-inmate, which meets the Division B criteria. | 2/15 |
(4) Possession of a Weapon: | |
(A) Possession of a firearm or possession, manufacture or attempted manufacture of an explosive device. | 15 |
(B) Possession, manufacture or attempted manufacture of a Weapon. | 4 |
(5) Disturbance, Riot, or Strike: | |
(A) Leading a disturbance, riot, or strike | 6 |
(B) Active participation in a disturbance, riot, or Strike (2 or more offenses within a 12 month period or 1 with direct STG nexus). | 3 |
(6) Any inmate who conspires to commit or solicits another person to commit any of the offenses above shall receive the term specified for that offense. |
Cal. Code Regs. Tit. 15, § 3337
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933.6, 4501.1, 4502, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al., (N.D. Cal., No. C94-2847).
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Wright v. Enomoto, (1976) 462 F.Supp. 397; and Toussaint v. McCarthy (9th Cir. 1986) 801 F.2d 1080, cert. denied, 481 U.S. 1069.
2. Certificate of Compliance as to 6-1-2015 order, including further amendment of subsections (a)(4)-(6) and (b), transmitted to OAL 10-19-2015 and filed 12-3-2015; amendments effective 12/3/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 49).
3. Amendment of subsections (c)(1) and (c)(4) and new subsections (c)(5) and (c)(6) filed 10-9-2017 as an emergency; operative 10/9/2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (c)(1) and (c)(4) and new subsections (c)(5) and (c)(6) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-5-2018 order, including amendment of subsection (c)(1), transmitted to OAL 8-21-2018 and filed 10-3-2018; amendments effective 10/3/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 40).
6. Renumbering of former section 3337 to section 3340 and new section 3337 filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
7. Renumbering of former section 3337 to section 3340 and new section 3337 refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.