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 3375.2 - Administrative Determinants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An inmate
					 meeting one or more of the following administrative or irregular placement
					 conditions, known as administrative determinants, may be housed in a facility with a
					 security level which is not consistent with the inmate's placement score:
(1) An inmate requires an outpatient or higher
					 degree of medical or psychiatric care at a facility specifically staffed for the
					 type of treatment necessary.
(2) An
					 inmate with a history of sex crimes designated in section
					 3377.1(b) shall not be
					 housed in a Level I facility and shall not be assigned outside the security
					 perimeter.
(3) An inmate with a history
					 of arson shall not be housed in a facility constructed primarily of wood.
(4) An inmate with a felony detainer inquiry or
					 active felony hold, warrant, detainer, or the equivalent thereof filed with the
					 department, who is likely to receive a significant period of consecutive
					 incarceration, shall not be housed in a Level I facility without perimeter gun
					 towers. Inmates with a detainer inquiry or active hold based solely on their
					 immigration status shall not be precluded from placement in any departmental program
					 or service, including security-level, classification level, housing placement and
					 Division of Rehabilitative Programs community-based reentry facilities.
(5) An inmate requires confidential placement in
					 another correctional jurisdiction.
(6)
					 An inmate serving a sentence of life without possibility of parole (LWOP) shall not
					 be housed in a facility with a security level lower than Level II, except when
					 authorized by the Departmental Review Board (DRB). Additionally, an LWOP inmate
					 housed within a general population facility with a security level of II, III, or IV
					 shall be housed in a facility with a lethal electrified fence as defined in section
					 3000.
(7) Condemned inmates shall not be housed in a
					 facility with a security level lower than that which is authorized to house LWOP
					 inmates. A condemned inmate shall not be housed in a facility with a security level
					 lower than Level II, except when authorized by the DRB. Additionally, a condemned
					 inmate housed within a general population facility shall be housed in a facility
					 with a lethal electrified fence as defined in section
					 3000. Female condemned inmates shall
					 only be housed at the Central California Women's Facility.
(8) An inmate serving a life term with the
					 possibility of parole shall not be housed in a non-secure facility as defined in
					 section 3000, nor assigned to a program outside
					 a security perimeter unless the exceptional criteria specified within this
					 subsection have been met. Exceptions may only occur when the Board of Parole
					 Hearings (BPH) grants parole, the release date is within three years, and the
					 Governor's Office has completed its review and either formally approved parole or
					 taken no action. When all three conditions are met and the inmate is otherwise
					 eligible for a custody reduction, the inmate shall be evaluated by an ICC for the
					 custody reduction.
(9) An inmate serving
					 a life term with the possibility of parole shall be housed in a facility with a
					 security level of II or higher, unless the exceptional criteria specified within
					 subsections 3375.2(a)(8) or
					 3375.2(a)(10)(A)
					 through 3375.2(a)(10)(I) have
					 been met.
(10) An inmate serving a life
					 term with the possibility of parole may be housed in a secure Level I facility as
					 defined in section
					 3000 when all of the following criteria
					 are met:
(A) The inmate has a preliminary score of
					 18 or less.
(B) The inmate's most recent
					 parole consideration hearing resulted in no more than a three-year denial by the
					 BPH.
(C) The inmate's most recent
					 Comprehensive Risk Assessment, completed by a licensed psychologist employed by the
					 BPH, identifies the inmate's potential risk for future violence as low or moderate,
					 or the inmate has been granted parole by the BPH.
(D) The inmate does not have a VIO administrative
					 determinant currently imposed, pursuant to subsection
					 3375.2(b)(29).
(E) The inmate is not identified as a Public
					 Interest Case as defined in section
					 3000.
(F) The inmate does not have an "R" Suffix
					 imposed.
(G) The inmate does not have a
					 history of escape or attempted escape with force from any correctional setting or
					 armed escort, escape or attempted escape from a correctional setting with a secure
					 perimeter as defined in section
					 3000, and plotting or planning to
					 escape from a correctional setting with a secure perimeter as defined in section
					 3000 or from an armed escort.
(H) The inmate does not require Maximum or Close
					 Custody.
(I) The inmate does not have a
					 mandatory minimum score factor currently imposed which would preclude secure Level I
					 placement. Where determined eligible for placement, the mandatory minimum score
					 factor for "other life term" shall be removed or not imposed.
(11) An inmate serving a life term whose placement
					 score is not consistent with a Level I security level shall not be housed in a Level
					 I facility except when approved by the Departmental Review Board.
(12) An inmate whose death sentence is commuted or
					 modified shall be transferred to a reception center for processing after which an
					 ICC action and subsequent endorsement by a CSR shall determine the inmate's initial
					 facility placement.
(13) An inmate with
					 a case factor described in subsections
					 3377.2(b)(2)(A),
					 3377.2(b)(2)(B), or
					 3377.2(b)(2)(C), shall
					 be ineligible for minimum custody. An inmate with a history of one or more walkaways
					 from non-secure settings, not to include Drug Treatment Furlough, Community
					 Correctional Reentry Centers, and Community Reentry Programs, shall not be placed in
					 minimum custody settings for at least ten years following the latest
					 walkaway.
(14) A validated STG-I
					 associate or member may be granted Minimum A or Minimum B Custody on a case-by-case
					 basis. Designation of Minimum A or Minimum B Custody for a validated STG-I associate
					 or member requires a review of the totality of the inmate's case factors by an ICC
					 and a determination that their housing with such a level of custody would not pose a
					 threat to the safety and security of the institution, inmates, staff, and
					 public.