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 10 - Classification › Section 3378.4 - Security Threat Group Behavior or Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CDCR inmates shall not participate in STG related behavior.
						The STG Disciplinary Matrix displayed in section
						3378.4(a) identifies
						behavior that could be documented as having a nexus to STGs.
(a) The STG Disciplinary Matrix.
The following behaviors qualify as STG behavior, when a nexus
						has been established between the behavior and an identified STG. The nexus shall be
						clearly articulated in the specific act, as well as clearly described within the
						narrative of the associated Rules Violation Report (RVR). The Senior Hearing
						Officer/Hearing Officer is required to clearly articulate the nexus to the STG
						related behavior in the Fact Finding and Disposition. If the Specific Act Section of
						the RVR and subsequent Fact Findings and Disposition do not clearly identify a nexus
						to STG behavior, the disciplinary process will proceed in accordance with sections
						3314 or
						3315. If behavior is identified which
						violates section
						3314 or
						3315, it is staff's responsibility to
						ensure appropriate disciplinary procedures are applied.
STG DISCIPLINARY MATRIX
Behavior With Nexus to STG
Administrative or Serious
Section
								1:
a) Murder, attempted murder, solicitation of murder, or
								voluntary manslaughter of a non-offender or offender;
Serious
b) Assault or battery capable of causing serious injury;
								assault or battery with a deadly weapon or caustic substance capable of causing
								serious injury, solicitation for offense;
c) Taking a hostage;
d) Possession of a firearm, explosive device, or weapon
								which has been manufactured or modified so as to have the obvious intent or
								capability of inflicting traumatic injury, and which is under the immediate or
								identifiable control of the offender;
e) Escape or attempted escape with force or violence
f) Rape, sodomy, or oral copulation against the victim's
								will.
Section 2:
a) Introduction, trafficking, or distribution of any
								Controlled Substance (as defined in section
								3000);
Serious
b) Arson involving damage to a structure or causing
								serious bodily injury.
c) Possession of flammable, explosive, or combustible
								material with intent to burn any structure or property;
d) Extortion or threat by means of force or violence,
								including requiring payment for protection/insurance or intimidating any person on
								behalf of the STG;
e) Threatening to kill or cause serious bodily injury to a
								public official, their immediate family, their staff, or their staff's immediate
								family;
f) Any other felony involving violence or injury to a
								victim and not specifically identified on this chart.
Section 3:
a) Battery on a Peace Officer or non-offender not
								involving use of a weapon;
Serious
b) Assault on a Peace Officer or non-offender by any means
								likely or not likely to cause great bodily injury;
c) Assault or battery on a prisoner with no serious
								injury;
d) Destruction of state property valued in excess of $400
								dollars during a riot or disturbance;
e) Theft, embezzlement, arson, destruction, or damage to
								another's personal property, state funds, or state property valued in excess of
								$400;
f) Any felony not involving violence or the use of a
								weapon not listed in this schedule with a direct nexus to STG Behavior.
Section 4:
a) Bribery of a non-offender;
Serious
b) Leading/Inciting a disturbance, riot, or strike;
c) Participation in, or attempting to cause conditions
								likely to threaten institution security;
d) Willfully resisting, delaying, or obstructing any peace
								officer in the performance of duties;
e) Possession of cell phone or components;
f) Acting in a leadership role displaying behavior to
								organize and control other offenders within the STG;
Section 5:
a) Gambling;
Serious
b) Tagging, or otherwise defacing state property valued at
								less than $950, with symbols or slogans intended to promote affiliation with a
								STG.
Section 6:
a) STG-related tattoos and/or body markings (new since
								most recent arrival in CDCR and not previously documented);
Serious
b) Recording/documentation of conversations evidencing STG
								behavior;
c) Harassment of another person, group or entity either
								directly or indirectly through the use of the mail, telephone, or other means;
d) Communications between offenders/others evidencing STG
								behavior;
e) Leading STG roll call;
f) Directing cadence for STG group exercise;
g) In personal possession of STG-related written material,
								including membership or enemy list, roll call lists, constitution, organizational
								structures, codes, training material, etc.;
h) In personal possession of mail, notes, greeting cards
								or other communication (electronic or non-electronic) which include coded or
								explicit messages evidencing STG behavior;
Section 7:
Except as otherwise specified in this section, proven
								attempts to commit or an offender who conspires to commit any of the above listed
								offenses shall receive the term range specified for that offense.
Serious
Section 8:
a) Participation in STG roll call;
Administrative
b) Participating in STG group exercise;
c) Using hand signs, gestures, handshakes, slogans,
								distinctive clothing, graffiti which specifically relate to an STG;
d) Wearing, possessing, using, distributing, displaying,
								or selling any clothing, jewelry, emblems, badges, certified symbols, signs, or
								other STG items which promote affiliation in a STG;
e) In possession of artwork, mail, notes, greeting cards,
								letters or other STG items clearly depicting certified STG symbols;
f) In possession of photographs that depict STG
								association. Must include STG connotations such as insignia, certified symbols, or
								other validated STG affiliates.
g) In possession of contact information (i.e., addresses,
								telephone numbers, etc.) for validated STG affiliates or individuals who have been
								confirmed to have assisted the STG in illicit behavior.
(1) The
					 Classification Staff Representative (CSR) shall audit the RHU eligible STG related
					 RVR to ensure:
(A) Review of compliance with
					 procedural safeguards, i.e., time constraints and assistance to the inmate, in
					 accordance with existing policy and regulations.
(B) The specific act charged includes an STG nexus
					 and coincides with the description of the circumstances that describes the STG
					 behavior for which the inmate was found guilty.
(C) The evidence and/or circumstances support the
					 finding of guilt.
(D) The evidence used
					 to establish the nexus to the STG is supported and thoroughly documented by the
					 Senior Hearing Officer.
(E) The use of
					 confidential information adheres to the standards for the consideration of and
					 reliance upon in accordance with section
					 3321.
(F) RHU CSR shall ensure the assessment of the RHU
					 term is consistent with the charge(s) and within departmental standards outlined in
					 section 3337(g).