California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 5 - Inmate Discipline › Section 3312 - Disciplinary Methods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmate
					 misconduct shall be handled by:
(1) Verbal
					 Counseling. Staff may respond to minor misconduct by verbal counseling. When verbal
					 counseling achieves corrective action, a written report of the misconduct or
					 counseling is unnecessary.
(2)
					 Counseling Only Rules Violation Report. When similar minor misconduct reoccurs after
					 verbal counseling or if documentation of minor misconduct is needed, a description
					 of the misconduct and counseling provided shall be documented on a Counseling Only
					 Rules Violation Report. This Counseling Only Rules Violation Report is meant for
					 documenting an event or misconduct on the part of the inmate; the Chrono is auto
					 populated with the inmate's name number and date. A copy of the completed Counseling
					 Only Rules Violation Report shall be provided to the inmate. Disposition of any
					 contraband involved shall also be documented in the Counseling Only Rules Violation
					 Report.
(3) Rules Violation Report. When
					 misconduct is believed to be a violation of law or is not minor in nature, it shall
					 be reported on a Rules Violation Report (RVR). The RVR is a computer generated
					 standard form with information inputted by staff. The RVR will be digitally signed
					 by the reporting employee. The RVR shall contain, at a minimum, the following
					 elements: The charged inmates name, number, release date, facility, housing
					 assignment, violation date, violation time, (Violation date and time means discovery
					 date and time) whether or not the misconduct was related to Security Threat Group
					 activity, circumstances surrounding the misconduct, the reporting employee's; name,
					 and title, RVR log number, the violated CCR, Title 15 rule number, specific act,
					 level, division, whether or not the charge will be referred for prosecution,
					 reviewing supervisors name and title, and the classifying official's name and title.
					 The RVR shall include; a section for the inmate to indicate whether or not they wish
					 to postpone the RVR process if felony prosecution is likely, a section to indicate
					 if they wish to request or waive an assignment of a Staff Assistant or Investigative
					 Employee. A summary of disciplinary procedures and inmate rights is also provided to
					 the inmate explaining the administrative hearing time frames, the roles of both the
					 staff assistant and the investigative employee, and the referral for prosecution is
					 explained. The inmate's appeal rights are also explained.
(A) Unless an inmate charged with serious
					 misconduct requires temporary restricted housing pursuant to section
					 3335(c)  pending
					 adjudication of the disciplinary charges, the inmate may be retained in regularly
					 assigned housing, work, and program assignments.
(B) If the inmate is placed in a restricted
					 housing unit pending the disciplinary proceedings, the official making the housing
					 decision shall ensure compliance with the provisions of article 7 of this
					 subchapter.