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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 10-13-2017, 06:20 PM
wakeupnovember wakeupnovember is offline
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Default Any experience filing 958(restoration of credits)

Does anyone have experience with their loved on filing a form 958, which is an application for restoration of credits ? My fiancé was 97 disciplinary free for 97 days. I believe it's 90 days disciplinary free he needed to be before filing the 958. He did get another write up at Day 97, but there's nothing stating he has to still be disciplinary free, just that he had a disciplinary free period. Which he did. Any help or insight or advice tips anything is welcomed. His date is coming up November 25 and even tho he will probably lose more time for this current 115, if he can maybe gettime back from the previous one it will help.
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Old 10-13-2017, 07:39 PM
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Originally Posted by wakeupnovember View Post
Does anyone have experience with their loved on filing a form 958, which is an application for restoration of credits ? My fiancé was 97 disciplinary free for 97 days. I believe it's 90 days disciplinary free he needed to be before filing the 958. He did get another write up at Day 97, but there's nothing stating he has to still be disciplinary free, just that he had a disciplinary free period. Which he did. Any help or insight or advice tips anything is welcomed. His date is coming up November 25 and even tho he will probably lose more time for this current 115, if he can maybe gettime back from the previous one it will help.
I will quote the Title 15 here For Disciplinary Free Periods, along with a the section for . Restoration of Forfeited Credits. Pretty simple step to follow for the inmate to do

3328. Disciplinary-Free Periods.
(a) A disciplinary-free period shall commence immediately following the date and time an inmate is identified (date of discovery of information leading to the charge) as committing a rules violation.
(b) An inmate may apply for restoration of 100 percent of any credit forfeited for a Division “D” or “E” offense, not identified in section 3327, after remaining disciplinary free for 180 days.
(1) If less than 180 days remain before the inmate’s established release date, a one-time application may be made within 90 days of the established release date when the inmate has remained disciplinary free for a minimum of 60 days.

3327. Restoration of Forfeited Credits.
(b) Upon completion of a disciplinary-free period for Division D, E, and F offenses as provided in section 3328, an eligible inmate may apply to their caseworker for credit restoration by submitting a CDC Form 958 (Rev. 8/87), Application for Inmate’s Restoration of Credits. A restoration hearing shall be conducted within 30 days of the inmate’s application. The inmate has a right to be present at the hearing and to a written decision of the committee.
(1) A classification action resulting in restoration of work time credit shall be documented and forwarded to the facility’s case records staff for recalculation of the inmate’s release date.
(2) When an inmate does not meet the criteria for a credit restoration hearing, the caseworker shall note the reasons on the CDC Form 958 and return it to the inmate.
(c) Credit shall be restored at the consideration hearing unless it is determined that the inmate has, since the disciplinary infraction leading to the credit forfeiture, refused or failed to perform in a work, training, or educational assignment during the required disciplinary-free period, or under extraordinary circumstances, as described in section 3329.
(1) Credit shall not be restored in an amount rendering the inmate overdue for release.
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Old 10-14-2017, 09:07 AM
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Originally Posted by wakeupnovember View Post
Does anyone have experience with their loved on filing a form 958, which is an application for restoration of credits ? My fiancé was 97 disciplinary free for 97 days. I believe it's 90 days disciplinary free he needed to be before filing the 958. He did get another write up at Day 97, but there's nothing stating he has to still be disciplinary free, just that he had a disciplinary free period. Which he did. Any help or insight or advice tips anything is welcomed. His date is coming up November 25 and even tho he will probably lose more time for this current 115, if he can maybe gettime back from the previous one it will help.


As Patrick says, it’s typically 180 Days. He can file the emergency petition under these circumstances, but here’s the issue. He has a pending 115 for a very serious violation. The prison is probably not likely to grant it.
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