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 6 - Disciplinary Detention › Section 3330 - Disciplinary Detention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An inmate
					 may not be assigned to disciplinary detention as defined in section
					 3000 except on the order of a
					 disciplinary committee or senior disciplinary hearing officer.
(b) Disciplinary detention may be ordered in a
					 housing unit or section of a housing unit specifically designed for that purpose or
					 in any room or cell which provides the necessary security, control, and restriction
					 of the inmate's actions. When disciplinary detention is ordered in a housing unit
					 other than a designed disciplinary detention unit, the conditions of detention will
					 be the same as prescribed for disciplinary detention units.
(c) Disciplinary detention may be ordered as a
					 continuous period of confinement or as intermittent confinement on holidays,
					 weekends or days off from assigned work and program activities. When ordered as
					 intermittent confinement, confinement shall not exceed 10 days during a 35-day
					 period. The chief disciplinary officer shall review the treatment of an inmate
					 confined in disciplinary detention and consider a modification of sentence when
					 evidence indicates the inmate is ready to conform to the rules.
(d) Time served in disciplinary detention will be
					 computed on the basis of full days in detention. The day of placement and the day of
					 release will not count as a day of time served. Intermittent detention may extend
					 from the end of the work day before the first full day of detention to the beginning
					 of the work day following the last full day of detention.
(e) Continuous disciplinary detention of an inmate
					 shall not exceed 10 full days without approval of the director or deputy director,
					 institutions.
(f) If an extension beyond
					 10 days is approved, the warden/superintendent shall note that fact in the
					 disposition section of the rule violation report stating the reasons for the
					 extension and the additional amount of time the inmate shall be confined, and shall
					 sign and date the notation.
(g) A
					 request for the director's approval to retain an inmate in disciplinary detention
					 for longer than 30 days shall be accompanied by a current psychological evaluation
					 of the inmate's mental health. Such evaluation shall include a personal interview
					 with the inmate.
1. Repealer of
						Article 6 (sections
						3330-3337) and new Article 6 (sections
						3330-3333) filed 4-18-80; effective
						thirtieth day thereafter (Register 80, No. 16). For prior history see Registers 77,
						No. 20, 78, No. 12, 78, Nos. 24 and 25, 79, Nos. 18 and 31.
2. Amendment
						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.
3. Certificate of Compliance as to 8-7-87 order
						transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
4.
						Amendment 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.
5. Certificate of Compliance as to
						1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No.
						24).
6. Amendment 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.
7.
						Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register
						88, No. 50).
8. Change without regulatory effect amending section filed
						10-29-90 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 6).
9. Editorial correction of printing
						error in HISTORY 1. (Register 92, No. 5).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2932 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.