reglab/statecodes huggingface dataset:
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 5 - Personnel › Article 2 - Employees › Section 3401.5 - Staff Sexual Misconduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
					 purposes of this section, staff sexual misconduct means any sexual behavior by a
					 departmental employee, volunteer, agent or individual working on behalf of the
					 Department of Corrections and Rehabilitation, which involves or is directed toward
					 an inmate or parolee. The legal concept of "consent" does not exist between
					 departmental staff and inmates/parolees; any sexual behavior between them
					 constitutes sexual misconduct and shall subject the employee to disciplinary action
					 and/or to prosecution under the law. Sexual misconduct includes, but is not limited
					 to:
(1) Influencing or offering to influence an
					 inmate's/parolee's safety, custody, housing, privileges, parole conditions or
					 programming, or offering goods or services, in exchange for sexual favors;
					 or
(2) Threatening an inmate's/parolee's
					 safety, custody, housing, privileges, work detail, parole conditions or programming
					 because the inmate/parolee has refused to engage in sexual behavior; or
(3) Engaging in sexual act(s) or contact,
					 including:
(A) Sexual intercourse; or
(B) Sodomy; or
(C) Oral Copulation; or
(D) Penetration of genital or anal openings by a
					 foreign object, substance, instrument or device for the purpose of sexual arousal,
					 gratification, or manipulation; or
(E)
					 Rubbing or touching of the breasts or sexual organs of another or of oneself, in the
					 presence of and with knowledge of another, for the purpose of sexual arousal,
					 gratification, or manipulation; or
(F)
					 Invasion of privacy, beyond that reasonably necessary to maintain safety and
					 security; or disrespectful, unduly familiar, or sexually threatening comments
					 directed to, or within the hearing of, an inmate/parolee.
(4) Display by staff, in the presence of an
					 inmate, of the staff person's uncovered genitalia, buttocks, or breast;
(5) Voyeurism by a staff person including
					 volunteers or independent contractors. Voyeurism is defined as an invasion of
					 privacy of an offender by staff for reasons unrelated to official
					 duties.
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 5 - Personnel › Article 2 - Employees › Section 3401.6 - Staff Sexual Harassment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Staff Sexual
					 Harassment. For the purpose of the Prison Rape Elimination Act policy, staff sexual
					 harassment means repeated verbal comments or gestures of a sexual nature to an
					 offender by a staff member, volunteer, or contractor, including demeaning references
					 to gender, sexually suggestive or derogatory comments about body or clothing, or
					 obscene language or gestures.
(b)
					 Penalties. All allegations of staff sexual harassment shall be subject to review and
					 investigation, and when appropriate, to disciplinary action and/or criminal
					 prosecution.
(c) Reporting Requirements.
					 Any employee who observes, or who receives information from any source concerning
					 staff sexual harassment shall immediately report the information or incident
					 directly to the hiring authority, unit supervisor, or highest-ranking official on
					 duty. Failure to accurately and promptly report any incident, information or facts
					 which would lead a reasonable person to believe staff sexual harassment has occurred
					 may subject the employee who failed to report it to disciplinary action.
(d) Retaliation Against Inmates/Parolees.
					 Retaliatory measures against inmates/parolees who report incidents of staff sexual
					 harassment shall not be tolerated and shall result in disciplinary action and/or
					 criminal prosecution. Such retaliatory measures include, but are not limited to,
					 coercion, threats of punishment, or any other activities intended to discourage or
					 prevent an inmate/parolee from reporting sexual harassment.
(e) Protection Measures. Multiple protection
					 measures may be considered to protect inmate victims who report staff sexual
					 harassment or cooperate with staff sexual harassment investigations including but
					 not limited to housing changes or transfers for inmate victims, removal of alleged
					 staff from contact with victims, and emotional support services for inmates or staff
					 who fear retaliation for reporting staff sexual harassment or for cooperating with
					 investigations.
1. New section
						filed 10-20-2016; operative 10-20-2016 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2016, No. 43).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  289.6,
						  293.5 and
						  5054, Penal Code;
						  Section
						  6254,
						  Government Code; and 28 CFR
						  Sections 115.67 and
						  115.76.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 5 - Personnel › Article 2 - Employees › Section 3402 - Central File

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within the
					 scope of their assigned duties, employees are encouraged to consult an inmate's
					 central file for assistance in better understanding the inmate. The contents of the
					 inmate's file are private and privileged information. It will not be discussed with
					 other persons except as is necessary for professional reasons, and will not be the
					 subject of banter between employees or between employees and the inmate to whom it
					 pertains or with other inmates. Information in an inmate's central file may be
					 confidential by law or for reasons relating to institution security and the safety
					 of persons. Such confidential or restricted information must not be disclosed to
					 persons who are not authorized by law and departmental policy and procedures to
					 receive such information.
(b) The
					 central file of a parolee or an inmate may not be removed from the appropriate case
					 records office or an institution without the prior knowledge and approval of the
					 supervising records officer who is responsible for the control and maintenance of
					 the file. Temporary transfer of a central file to another agency for any reason also
					 requires the prior approval of the supervising records officer.
1. Amendment
						filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
						9).
2. Amendment filed 12-9-2008; operative 1-8-2009 (Register 2008, No.
						50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 5 - Personnel › Article 2 - Employees › Section 3403 - Communications. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
						and amendment of former section
						3403 to new subsections
						3401(b) and
						3401(c), and repealer
						of Comment filed 9-13-96 as an emergency; operative 9-13-96. A Certificate of
						Compliance must be transmitted to OAL by 2-24-97 or emergency language will be
						repealed by operation of law on the following day.
2. Certificate of
						Compliance as to 9-13-96 order transmitted to OAL 11-22-96 and filed 1-6-97
						(Register 97, No. 2).
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 5 - Personnel › Article 2 - Employees › Section 3404 - Hiring of Ex-Offenders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Secretary's written approval is required for appointment of an
					 ex-offender.
(b) Ex-offenders shall not,
					 without the Secretary's written approval, be assigned to areas which enable them to
					 access:
(1) Employee records.
(2) Inmate personal or medical
					 information.
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 5 - Personnel › Article 2 - Employees › Section 3404.1 - Approval of Ex-Offender Employees Transactions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Relationships involving business and financial transactions
						between ex-offender employees and other employees shall require the advance approval
						of each person's hiring authority and also of the regional parole administrator with
						jurisdiction over any employee on parole.
1. Renumbering
						and amendment of former section
						3404 to new section
						3404.1 filed 11-30-93; operative
						12-30-93 (Register 93, No. 49).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 2 - Employees › Section 3405 - Legal Assistance to Inmates and Parolees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees must not assist an inmate or parolee in the
						preparation of any legal document, or give any form of legal advice or service,
						except as specifically authorized by the warden, superintendent or regional parole
						administrator. Employees should help inmates and parolees to find qualified
						assistance for their legal problems.
Comment: Former DR-5216, petitions and writs.
1. Amendment of
						section and new NOTE filed 12-9-2008; operative 1-8-2009 (Register 2008, No.
						50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 5 - Personnel › Article 2 - Employees › Section 3406 - Committed Relatives and Friends of Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an employee becomes aware that any relative or person with
						whom the employee has or has had either a personal or business relationship, has
						been committed to or transferred to the jurisdiction of the department, the employee
						shall notify in writing, the employee's institution head or appropriate
						director/assistant secretary of that fact.
1. Amendment of
						section heading and section, repealer of Comment, and new NOTE filed 9-13-96 as an
						emergency; operative 9-13-96. A Certificate of Compliance must be transmitted to OAL
						by 2-24-97 or emergency language will be repealed by operation of law on the
						following day.
2. Certificate of Compliance as to 9-13-96 order
						transmitted to OAL 11-22-96 and filed 1-6-97 (Register 97, No. 2).
3.
						Amendment filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 2 - Employees › Section 3407 - State Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees may not consume or use food or supplies purchased or
						produced for an inmate or parolee's use, except as required by the employee's
						assigned duties or as specifically approved by the warden or superintendent or
						regional parole administrator.
Comment: Former DR-5218, use of state supplies.
1. Amendment of
						section and new NOTE filed 12-9-2008; operative 1-8-2009 (Register 2008, No.
						50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 5 - Personnel › Article 2 - Employees › Section 3408 - Vehicles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees must use state vehicles for official business only
						and as specifically authorized by the warden, superintendent, or regional parole
						administrator. Employees must not allow an inmate to drive a vehicle on a public
						road, except in extreme emergency, and must report such instance to the employee's
						supervisor immediately following the emergency.
Comment: Former DR-5219, use of vehicles.
1. Amendment of
						section and new NOTE filed 12-9-2008; operative 1-8-2009 (Register 2008, No.
						50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 5 - Personnel › Article 2 - Employees › Section 3409 - Gratuities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees must not solicit, accept or receive directly or
						indirectly, any fee, commission, gratuity or gift from any person or business
						organization doing or seeking to do business with the state.
Comment: Former DR-5220, gifts or gratuities.
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 5 - Personnel › Article 2 - Employees › Section 3410 - Intoxicants and Drugs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employees
					 must not come upon the grounds of an institution or community correctional facility
					 or otherwise report for duty under the influence of intoxicants or drugs. Use of
					 alcohol or drugs to the extent that it interferes with job performance is grounds
					 for dismissal from service.
(b) It is
					 the duty of every employee to promptly report to the warden, superintendent, or
					 regional parole administrator the presence of any person, including an employee on
					 duty, in any correctional facility who is or appears to be under the influence of
					 intoxicants or drugs.
(c) Employees must
					 not bring any kind of alcoholic beverage or any kind of drugs upon the grounds of an
					 institution, community correctional center or camp unless specifically authorized to
					 do so by the warden, superintendent or regional parole administrator. Such
					 authorization may be given for medical or religious sacramental purposes, and for
					 possession by employees who live in state-owned residences outside the security area
					 for their personal use within their assigned residences.
(d) Any employee obtaining for, or delivering to,
					 an inmate or parolee any alcoholic preparations of any kind, or a drug of any type,
					 except as specifically authorized by the warden, superintendent or regional parole
					 administrator, will be subject to dismissal from service and to prosecution by the
					 district attorney.
Comment: Former DR-5221, use of intoxicants or drugs and
						DR-5222, bringing intoxicants or drugs on institution grounds.
1. Amendment of
						subsections (b)-(d) and new NOTE filed 12-9-2008; operative 1-8-2009 (Register 2008,
						No. 50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 2 - Employees › Section 3411 - Reporting of Arrest, Conviction, Civil or Administrative Adjudication, Change in Weapons or Driving Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
					 employee is arrested or convicted of any violations of law, the employee must
					 promptly notify the institution head or appropriate Director of that fact.
					 Misconduct which impairs an employee's ability to do their job, or affects or
					 involves the department, may be cause for disciplinary action. Suspension,
					 revocation, or restrictions to an employee's driving privilege that prohibit the
					 employee from performing any of their job duties, shall be reported to the
					 institution head or appropriate Director. An employee shall also report any change
					 in eligibility to own, possess and have custody or control of any firearm or other
					 weapon authorized by the department.
(b)
					 The employee or contractor has a continuing duty to report, and shall promptly
					 notify the institution head, or appropriate Director, if any of the following occur:
(1) They have engaged in sexual abuse in any
					 prison, jail, lockup, community confinement facility, juvenile facility, or other
					 institution (as defined in Title 42 U.S.C., Section 1997)
(2) They have been convicted of engaging or
					 attempting to engage in sexual acitvity in the community facilitated by force, overt
					 or implied threats of force, or coercion, or if the victim did not consent or was
					 unable to consent or refuse; or
(3) They
					 have been civilly or administratively adjudicated to have engaged in activity
					 described in subdivision (b)(2) of this section or attempting to engage in sexual
					 activity in the community facilitated by force, overt or implied threats of force,
					 or coercion, or if the victim did not consent or was unable to consent or
					 refuse.
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 5 - Personnel › Article 2 - Employees › Section 3412 - Department Authorization of off-Duty Concealed Firearms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Authorization. The following employees are authorized to carry an off-duty concealed
					 firearm:
(1) Any active peace officer listed in
					 Penal Code (PC) section
					 830.2(d).
(2) Any active peace officer listed in PC section
					 830.5(c).
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 5 - Personnel › Article 2 - Employees › Section 3413.1 - Compensation for Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
					 Government Code section
					 68097.2(a),
					 any state employee who is obliged by a subpoena to attend as a witness before any
					 court or other tribunal in any civil action or proceeding in connection with a
					 matter, event, or transaction which they have expertise gained in the course of
					 their duties, shall receive the salary or other compensation to which they are
					 normally entitled from the department during the time the employee travels to and
					 from the place where the court or other tribunal is located and while they are
					 required to remain at the place pursuant to the subpoena. The employee shall also
					 receive from the department the actual necessary and reasonable traveling expenses
					 incurred in complying with the subpoena.
(b) Pursuant to Government Code section
					 68097.2(b),
					 the department shall require:
(1) The amount of
					 one hundred fifty dollars ($150), to accompany the subpoena upon delivery to the
					 person accepting the subpoena for each day that the state employee is required to
					 remain in attendance pursuant to the subpoena. This amount shall be in the form of a
					 check or money order made payable to the California Department of Corrections and
					 Rehabilitation.
(2) The party at whose
					 request the subpoena is issued to reimburse the department for the full cost
					 incurred in paying the state employee their salary or other compensation and
					 traveling expenses for each day that the employee is required to remain in
					 attendance pursuant to the subpoena.
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 5 - Personnel › Article 2 - Employees › Section 3414 - Identification Card

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every employee will be issued a departmental identification
						card. Employees must, while on duty, carry such card upon their person and produce
						the card upon request. An employee must promptly report the loss of his or her
						identification card to the warden or superintendent, or regional parole
						administrator.
Comment: Former DR-5226, employee identification card.
1. Amendment of
						section and new NOTE filed 12-9-2008; operative 1-8-2009 (Register 2008, No.
						50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 2 - Employees › Section 3415 - Employees of Other Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Persons who are not employed by the Department of Corrections
						and Rehabilitation, but who are assigned to or engaged in work at any department
						facility must observe all rules, regulations and laws governing the conduct of
						employees at that facility. Failure to do so may lead to exclusion from department
						facilities.
Comment: Former DR-5227, employees of other agencies.
1. Change
						without regulatory effect amending section and adding NOTE filed 3-11-2013 pursuant
						to section 100, title 1, California Code of
						Regulations (Register 2013, No. 11).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 2 - Employees › Section 3416 - Conflict of Interest Code. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34). For prior
						history, see Register 77, No. 27.
2. Repealer and new section (including
						Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair
						Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Order of
						Repeal filed 6-3-85 by OAL pursuant to Government Code section
						11349.7;
						effective thirtieth day thereafter (Register 85, No. 26).
4. New section
						filed 3-31-87; effective thirtieth day thereafter. Approved by Fair Political
						Practices Commission 3-9-87 (Register 87, No. 14).
5. Editorial
						correction of printing errors in Appendices A and B (Register 92, No.
						5).
6. Repealer of section and appendices A and B filed 7-12-2006;
						operative 8-11-2006. Approved by Fair Political Practices Commission 5-24-2006
						(Register 2006, No. 28).
Note: Authority cited: Sections
						  87300 and
						  87302,
						  Government Code; and Section
						  5058, Penal Code.
						  Reference: Section
						  87300 and
						  87302,
						  Government Code; and Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 3 - Employee Services › Section 3420 - General Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The only services to be supplied to employees are those
						officially established by the warden or superintendent and equally available to all
						employees.
Comment: Former DP-5301, policy, general.
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 5 - Personnel › Article 3 - Employee Services › Section 3421 - Employee Associations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
						Repeal filed 6-3-85 by OAL pursuant to Government Code Section
						11349.7;
						effective thirtieth day thereafter (Register 85, No. 26).
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 5 - Personnel › Article 3 - Employee Services › Section 3422 - Institution Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subject to the limitations of the law, institutions of the
						department may furnish to employees, for the convenience of the state, the following
						services. These services are rendered at the employee's own risk. The institution
						and the department cannot assume any liability for loss, damage, or destruction of
						the employee's property:
(a) House and room
					 rentals.
(b) Electricity, water, gas and
					 ice, for employees living on institutional grounds.
(c) Minor household repairs to furniture and
					 appliances.
(d) Firewood from salvage
					 operations only.
(e) Meals at employees'
					 dining rooms.
(f) Laundry and dry
					 cleaning.
(g) Shoe and saddle
					 repair.
(h) Barber shop
					 services.
(i) Beauty shop services.
Comment: Former DP-5303, services furnished by
						institutions.
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 5 - Personnel › Article 3 - Employee Services › Section 3423 - Operational Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subject to all applicable law and the approval of the
						director, wardens, superintendents and regional administrators will establish
						procedures to govern the operation and use of such services as are made available to
						employees. Institutional operational plans may provide for services such as laundry,
						dry cleaning and shoe repair for employees and for dependent members of the
						employee's family who reside with the employee. However, no service will be provided
						to nonemployees which requires their physical presence, except that, when
						accompanied by an employee, nonemployees may use the services of the employees'
						dining room and snack bar.
Comment: Former DP-5304, institution regulations to be
						established for employee services.
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 5 - Personnel › Article 3 - Employee Services › Section 3424 - State Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The direct sale or disposal to an employee of any article,
						materials, or supplies owned, produced, or manufactured by the department is
						prohibited except where specifically authorized by law.
Comment: Former DP-5305, sale of institution products.
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 5 - Personnel › Article 3 - Employee Services › Section 3425 - Gifts, Tips

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No gift, tip or reward will be offered by an employee or be
						accepted for or by an inmate.
Comment: Former DP-5036, tips, gifts, or rewards.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
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 5 - Personnel › Article 3 - Employee Services › Section 3426 - Employee Early Intervention Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Early
					 Intervention Program (EIP) is a voluntary employee benefit available to all
					 departmental employees, who have sustained an industrial injury/illness. The EIP is
					 designed to provide employees with information regarding the assessment and
					 processing of qualified industrial injury/illness claims, as referenced in
					 subdivision (b), and the available choices regarding benefit options and
					 compensability. The Office of Environmental Health and Safety (OEHS), within the
					 Department, shall administer the EIP.
(b) All employees who have sustained the following
					 qualified injury/illness shall be eligible for an Early Intervention Counselor (EIC)
					 visit, as referenced in (d)(4):
(1) Psychological
					 stress;
(2) Stress-related injuries,
					 including but not limited to, hypertension, cardiac, gastrointestinal; or
(3) Trauma-induced stress, including but not
					 limited to, assault, blood borne pathogen exposure or infectious disease
					 exposure.
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 5 - Personnel › Article 4 - General Personnel Regulations › Section 3430 - General Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To successfully meet the challenges and discharge the
						responsibilities of the department, each institution and parole region requires a
						skilled and dedicated staff of employees working in close cooperation with a high
						degree of morale. The department will encourage a high esprit de corps by enabling
						employees to improve their skills through training, by constant effort to make
						working conditions safe and pleasant, and by protecting the rights and privileges of
						employees under civil service laws and rules. Full information regarding rights and
						responsibilities of employees under civil service may be found at institution
						personnel offices, the personnel office of the Division of Adult Parole Operations,
						the departmental personnel office, and the offices of the California Department of
						Human Resources.
Comment: Former DP-5401, policy, general.
1. Amendment of
						section and new NOTE filed 12-9-2008; operative 1-8-2009 (Register 2008, No.
						50).
2. Change without regulatory effect amending section filed 1-8-2014
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 2).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 4 - General Personnel Regulations › Section 3431 - Civil Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
						Repeal filed 6-3-85 by OAL pursuant to Government Code Section
						11349.7;
						effective thirtieth day thereafter (Register 85, No. 26).
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 5 - Personnel › Article 4 - General Personnel Regulations › Section 3432 - Hours of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hours of employment will be in accordance with state civil
						service rules. The wardens, superintendents, and regional parole administrators,
						with the approval of the Secretary, will determine the hours of employment for all
						employees under their jurisdiction.
Comment: Former DP-5403, hours of employment.
1. Amendment of
						section and new NOTE filed 12-9-2008; operative 1-8-2009 (Register 2008, No.
						50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 4 - General Personnel Regulations › Section 3433 - Vacations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employee vacations will be granted at times convenient to the
						institution, departmental division, and parole region, subject to the approval of
						the warden, superintendent, or regional parole administrator.
Comment: Former DP-5404, vacations.
1. Amendment of
						section and new NOTE filed 12-9-2008; operative 1-8-2009 (Register 2008, No.
						50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 4 - General Personnel Regulations › Section 3434 - Grievances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All employees have the right to appeal to the director from
						any grievance relating to their employment with the department. Such grievances must
						be submitted through the departmental grievance procedure. This in no way interferes
						with the right of a civil service employee to appeal or otherwise contest actions as
						provided by law, the California Department of Human Resources, or civil service
						regulations.
Comment: Former DP-5405, grievances.
1. Change
						without regulatory effect amending section and adding new NOTE filed 1-8-2014
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 2).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 4 - General Personnel Regulations › Section 3435 - In-Service Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All new employees will be given prescribed orientation
						training upon the commencement of their employment. All employees are required to
						participate in the in-service training program as directed. When work schedules
						permit, employees may attend in-service training classes on state time during their
						regular working hours.
Comment: Former DP-5406, in-service training.
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 5 - Personnel › Article 4 - General Personnel Regulations › Section 3439 - Research. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 4-7-95; operative 5-8-95 (Register 95, No. 14).
2. Change without
						regulatory effect renumbering former section
						3439 to new section
						3369.5 filed 8-1-96 pursuant to section
						100, title 1, California Code of
						Regulations (Register 96, No. 31).
Note: Authority cited: Sections
						  3509.5,
						  3517 and
						  5058, Penal Code.
						  Reference: Sections
						  3500 through
						  3524 and
						  5054, Penal
						  Code.
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 5 - Personnel › Article 5 - Camp Regulations [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
					 article 5 (sections
					 3440-3444) and section filed 10-27-93;
					 operative 11-26-93 (Register 93, No. 44).
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 5 - Personnel › Article 6 - Information Practices › Section 3450 - Personal Information Record Access and Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
					 on whom the department maintains a record or file containing personal information
					 has the right to inspect their record or authorize any person to inspect such
					 records on their behalf and to request amendment to correct outdated, inaccurate or
					 incomplete information.
(1) Requests to inspect a
					 record shall be submitted in writing to the office or official responsible for
					 maintaining the record.
(2) Requests to
					 amend a record or file shall be submitted in writing, including documentary evidence
					 to support the proposed amendment, to the source of the contested information, or if
					 the source is not available, to the office or official responsible for maintaining
					 the record.
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 5 - Personnel › Article 6 - Information Practices › Section 3451 - Methadone Patient Consent for Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A methadone patient's written consent to disclosure of their
						personal or confidential information shall not be revokable until the treatment
						period for which it was given has concluded or 60 days after signing of the consent,
						whichever is greater.
1. Repealer and
						new section filed 11-9-92; operative 12-9-92 (Register 92, No. 46).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
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 5 - Personnel › Article 6 - Information Practices › Section 3452 - Access and Amendment of Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
						filed 11-9-92; operative 12-9-92 (Register 92, No. 46).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  1798.30-
						  1798.42, Civil
						  Code.
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 5 - Personnel › Article 6 - Information Practices › Section 3453 - Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
						Repeal filed 6-3-85 by OAL pursuant to Government Code Section
						11349.7;
						effective thirtieth day thereafter (Register 85, No. 26).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  1798.17, Civil
						  Code.
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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3454 - Selection of Professional Consulting Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The services
					 of private architectural, engineering and other firms, as defined in Section
					 4525(a)
					 of the Government Code, shall be secured on the basis of demonstrated competence and
					 on the professional qualifications necessary for the satisfactory performance of the
					 services required.
1. New Article
						7 (sections 3454-3463) filed 7-12-82; effective
						thirtieth day thereafter (Register 82, No. 29).
2. Change without
						regulatory effect amending section filed 10-29-90 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 6).
3. Editorial correction of printing
						error misstating section title (Register 91, No. 11).
4. Editorial
						correction of printing error in HISTORY 1. (Register 92, No. 5).
5.
						Amendment of subsection (a), repealer of subsection (b), and amendment of NOTE filed
						9-8-97; operative 10-8-97 (Register 97, No. 37).
6. Amendment of article
						heading and section heading filed 7-12-2002; operative 8-11-2002 (Register 2002, No.
						28).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Sections
						  5054 and
						  7000 et seq., Penal Code; and Section
						  4525 et seq., Government Code.
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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3455 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
						correction filed 2-19-85 (Register 85, No. 8).
2. Change without
						regulatory effect repealing section filed 10-29-90 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 6).
3. Amendment of NOTE filed 9-8-97;
						operative 10-8-97 (Register 97, No. 37).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Sections
						  5054 and
						  7000 et seq., Penal Code; and Section
						  4525 et seq., Government Code.
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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3456 - Procuring Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notice of
					 Announcement. Where services subject to this article are identified, a statewide
					 notice of announcement shall be made by the director, or designee, through
					 publications of the respective professional societies.
(b) The notice of announcement shall also be
					 advertised in two major California daily newspapers and in the California State
					 Contracts Register.
(c) Failure of the
					 professional societies or newspapers to publish the notice of announcement shall not
					 operate to invalidate any contract.
(d)
					 Firms selected may be retained for one year or longer, if needed to complete the
					 services.
(e) The announcement in the
					 California State Contracts Register shall include information as identified in
					 Section
					 14825.1,
					 Government Code.
(f) All announcements
					 in professional societies or newspapers shall contain the following minimal
					 information:
(1) The nature of the work;
(2) The criteria upon which the award shall be
					 made; and,
(3) The time within which
					 statements of interest, qualification and performance data will be
					 received.
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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3457 - Establish Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director, or designee, shall establish criteria which will
						comprise the basis for selection which shall include such factors as professional
						excellence, demonstrated competence, specialized experience of the firm, education
						and experience of key personnel, specialized staff capability, workload, ability to
						meet schedules and budgets, principals to be assigned, nature and quality of
						completed work, reliability and continuity of the firm, location, professional
						awards and other considerations deemed relevant. Such factors shall be weighted by
						the director, or designee, according to the nature of the work to be performed, the
						needs o the state and complexity and special requirements of the specific
						work.
1. Amendment of
						section and NOTE filed 9-8-97; operative 10-8-97 (Register 97, No.
						37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002,
						No. 28).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Sections
						  5054 and
						  7000 et seq., Penal Code; and Sections
						  4526 and
						  4527,
						  Government Code.