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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 7 - Restricted Housing › Section 3341.5 - Suspending Security Housing Unit Terms. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Sections 2933.6, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472;
						  Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir.
						  1990) 926 F.2d 800; and Coleman v. Wilson 912 F.Supp. 1282 (E.D. Cal. 1995).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2933.6,
						  5054 and
						  5068, Penal Code;
						  Sandin v. Connor (1995) 515 U.S.
						  472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp.
						  1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; and Coleman v. Wilson 912
						  F.Supp. 1282 (E.D. Cal. 1995).
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 7 - Restricted Housing › Form CDC 629-A - Shu Term Assessment Worksheet

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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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 7 - Restricted Housing › Form CDC 629-B - Assessment of Subsequent Shu Term Worksheet

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
STATE OF CALIFORNIA
DEPARTMENT OF
								CORRECTIONS
ASSESSMENT OF SUBSEQUENT SHU TERM
						WORKSHEET
INMATE'S
								NAME:
NUMBER:
INSTITUTION:
UNIT:
1. VIOLATION
					 COMMITTED WHILE CONFINED TO SHU
___________________________
a. Rule No. __________________________________
					 Rule Title ____________________________________ Date of Violation - ________________
year mo. days
_______________________________________________________________________________________________________________________________________
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 7 - Restricted Housing › Section 3341.6 - Re-Imposed Security Housing Unit Terms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Sections 314, 2933.6, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S.
						  472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th
						  Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; Coleman
						  v. Wilson 912 F.Supp. 1282 (E.D. Cal. 1995); and Castillo v. Alameida, et al., (N.D.
						  Cal., No.C94-2847).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  314,
						  2933.6,
						  5054 and
						  5068, Penal Code;
						  Sandin v. Connor (1995) 515 U.S.
						  472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp.
						  1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th
						  Cir. 1984) 722 F.2d 1490; Coleman v. Wilson 912 F.Supp. 1282 (E.D. Cal. 1995); and
						  Castillo v. Alameida, et al., (N.D. Cal., No.C94-2847).
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 7 - Restricted Housing › Section 3341.7 - Forfeiture of Clean Conduct Credit. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Sections 2933.6, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472;
						  Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir.
						  1990) 926 F.2d 800; and Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2933.6,
						  5054 and
						  5068, Penal Code;
						  Sandin v. Connor (1995) 515 U.S.
						  472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp.
						  1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; and Toussaint v. Yockey
						  (9th Cir. 1984) 722 F.2d 1490.
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 7 - Restricted Housing › Section 3341.8 - Security Housing Unit/Psychiatric Services Unit Classification Hearings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Sections 2933.6, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472;
						  Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir.
						  1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; Castillo v.
						  Alameida, et al., (N.D. Cal., No.C94-2847); Coleman v. Wilson 912 F.Supp. 1282 (E.D.
						  Cal. 1995); and Clark v. California 123 F.3d 1267 (9th Cir. 1997).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2933.6,
						  5054 and
						  5068, Penal Code;
						  Sandin v. Connor (1995) 515 U.S.
						  472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp.
						  1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th
						  Cir. 1984) 722 F.2d 1490; Castillo v. Alameida, et al., (N.D. Cal., No.C94-2847);
						  Coleman v. Wilson 912 F.Supp. 1282 (E.D. Cal. 1995); and Clark v. California 123
						  F.3d 1267 (9th Cir. 1997).
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 7 - Restricted Housing › Section 3341.9 - Security Housing Unit Term Calculation and Assessment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Sections 4501.1, 4502, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S.
						  472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th
						  Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; Castillo
						  v. Alameida, et al., (N.D. Cal., No.C94-2847); Coleman v. Wilson 912 F.Supp. 1282
						  (E.D. Cal. 1995); and Clark v. California 123 F.3d 1267 (9th Cir. 1997).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  4501.1,
						  4502,
						  5054 and
						  5068, Penal Code;
						  Sandin v. Connor (1995) 515 U.S.
						  472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp.
						  1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th
						  Cir. 1984) 722 F.2d 1490; Castillo v. Alameida, et al., (N.D. Cal., No.C94-2847);
						  Coleman v. Wilson 912 F.Supp. 1282 (E.D. Cal. 1995); and Clark v. California 123
						  F.3d 1267 (9th Cir. 1997).
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 7 - Restricted Housing › Section 3342 - Amendment to Reasons for Restricted Housing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
					 initial reason(s) for restricted housing has been resolved, but additional
					 circumstances exist warranting continued restricted housing placement, a new
					 automated Restricted Housing Unit Placement Notice (11/23), shall be immediately
					 prepared and issued, clearly articulating the reasons for continued retention, in
					 accordance with section
					 3335.
(1) An automated Restricted Housing Unit Placement
					 Notice (11/23), issued for purposes of retaining an inmate in a Restricted Housing
					 Unit shall not require an Administrative Review.
(2) The official documenting retention shall
					 ensure, and articulate on the automated Restricted Housing Unit Placement Notice
					 (11/23) at the time of issuance, that all procedural safeguards have been provided,
					 in accordance with subsections
					 3336(c)(1) through
					 (3).
(3) The ICC shall be the sole authority permitted
					 to effect a placement decision under the provisions of this
					 section.
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 7 - Restricted Housing › Section 3343 - Release from Restricted Housing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Release from
					 restricted housing shall occur at the earliest possible time in keeping with the
					 inmate's case factors and reasons for the inmate's placement in restricted
					 housing.
(b) The Institution
					 Classification Committee (ICC) may release an inmate from restricted housing to an
					 available and appropriate bed pending Classification Staff Representative review for
					 alternate placement consideration at another institution. Unless otherwise specified
					 in this section, if the current institution has other available and appropriate
					 non-restricted housing, the ICC may release the inmate to that program pending
					 review by a Classification & Parole Representative who has local endorsement
					 authority in this circumstance.
(c)
					 Inmates released from restricted housing are considered General Population inmates
					 and are no longer subject to the requirements of this article. If immediate release
					 to the general population is impractical for reasons identified in section
					 3335, a new automated Restricted
					 Housing Unit Placement Notice (RHUPN) (11/23), which is incorporated by reference,
					 shall be issued and addressed in accordance with sections
					 3335,
					 3336 and
					 3340.
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Sections 5054 and 5068, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139
						  SAW.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2601(d)
						  and
						  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 4 - General Institution Regulations › Article 7 - Restricted Housing › Section 3344 - Assistance to Inmates for Restricted Housing Classification Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Administrative Reviewer of the automated Restricted Housing Unit Placement Notice
					 (RHUPN) (11/23), which is incorporated by reference, or official ordering an inmate
					 retained in restricted housing, shall determine the need for providing assistance to
					 inmates placed or retained in restricted housing. Such assistance may be in the form
					 of a Staff Assistant (SA) or an Investigative Employee (IE). Only staff trained in
					 the role and responsibilities of an SA or IE may be assigned. The duties and
					 functions of a staff member assigned to assist an inmate in a classification hearing
					 based upon an automated RHUPN (11/23) will be separate from those described in
					 section 3318 for a disciplinary
					 hearing.
(b) An SA shall be assigned if:
(1) The inmate is illiterate.
(2) The inmate has difficulty reading, writing or
					 speaking English. If an SA is necessary for the purpose of language interpretation,
					 but is not fluent in the inmate's language, a certified interpreter shall also be
					 provided.
(3) The issues are
					 sufficiently complex to make it unlikely that the inmate can understand the issues
					 or the ICC hearing process.
(4) The
					 inmate is included in the Mental Health Services Delivery System (MHSDS), is
					 Developmentally Disabled, or the circumstances surrounding restricted housing unit
					 placement involve behavior of a bizarre or unusual nature.
(A) The ICC shall assess the ongoing
					 appropriateness for an SA assigned to inmates in the MHSDS Correctional Clinical
					 Case Management System (CCCMS) level of care while housed in restricted housing. In
					 such cases, the ICC shall determine whether the inmate is capable of comprehending
					 the issues being presented based upon a clinical assessment in accordance with
					 subsection 3375(g)(3), and
					 presented at the time of the hearing.
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 7 - Restricted Housing › Section 3345 - Restricted Housing Unit Programming Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Restricted
					 Housing Unit Programming Credit (RHUPC) may be awarded to reduce time spent in
					 restricted housing through a rehabilitative programming reward system. The RHUPC
					 applies to inmates with projected, imposed or re-imposed active Determinate
					 Restricted Housing Unit (RHU) terms.
(b)
					 For every twenty (20) hours of completed rehabilitative programming, restricted
					 housing inmates may receive five (5) days credit off their Restricted Housing Unit
					 Maximum Release Date (RHU MRD), not to exceed 25% of the set term.
(1) RHUPC are awarded in increments of not less
					 than five (5) days.
(2) No RHUPC program
					 hours shall be counted towards credits in other programs that were established to
					 advance an inmate's court-sentenced release date (e.g., Rehabilitative Achievement
					 Credit, Milestone Completion Credit), except in accordance with subsection
					 3043.3(f)(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 4 - General Institution Regulations › Article 7 - Restricted Housing › Section 3346 - Re-Imposed Restricted Housing Unit Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A suspended
					 Restricted Housing Unit (RHU) term may be re-imposed if an inmate is placed in
					 restricted housing immediately following a Rules Violation Report (RVR) for serious
					 misconduct that occurred prior to the expiration of a previously established
					 Restricted Housing Unit Maximum Release Date (RHU MRD). In this circumstance, the
					 inmate must be found guilty of the serious misconduct and the Institution
					 Classification Committee (ICC) shall determine that the inmate poses a threat to the
					 safety of any person or to the security of the institution. RHU terms re-imposed
					 based on subsequent serious misconduct shall be effective the date of the
					 misconduct. RHU terms suspended based solely on the need for inpatient medical or
					 mental health treatment may be re-imposed without subsequent misconduct if the
					 inmate continues to pose a threat to the safety of others or the security of the
					 institution.
(1) If the RHU term is re-imposed,
					 the ICC shall record the decision and the reasons for the decision on the automated
					 Classification Committee Chrono (05/19). If multiple RHU terms are eligible for
					 re-imposition, the RHU term with the most distant RHU MRD need only be addressed. In
					 this circumstance, any remaining RHU terms with unexpired RHU MRD's shall be
					 considered re-imposed.
(2) Upon a guilty
					 finding of subsequent serious misconduct, the ICC may elect to re-impose the current
					 unexpired RHU MRD.
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 7 - Restricted Housing › Section 3347 - Case Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The case of
					 every inmate assigned to a restricted housing unit will be continuously reviewed and
					 evaluated by custodial and casework staff assigned to the unit. Staff will confer on
					 each case no less frequently than once a week during the first two months of the
					 inmate's restricted housing status. Such case reviews will not be necessary during
					 any week in which the inmate's case is reviewed by a regular or special
					 classification committee or by staff who are authorized to take classification
					 actions. Any significant observations, determinations or recommendations will be
					 documented on the inmate's automated Restricted Housing Record (Rev. 11/23), which
					 is incorporated by reference.
(b)
					 Psychological Assessment. A psychological assessment of the inmate's mental health
					 will be included in the case review and classification committee review of inmates
					 assigned to restricted housing units. When any indication of psychiatric or
					 psychological problems exists, the case will be referred to the institution's
					 psychiatrist or psychologist for further evaluation and recommended classification
					 committee actions, if any.
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 4 - General Institution Regulations › Article 7 - Restricted Housing › Section 3349 - Restricted Housing Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A CDC Form
					 114, Isolation Log (rev: 3/03), shall be maintained in each Restricted Housing Unit.
					 One Isolation Log may serve two or more special purpose units which are administered
					 and supervised by the same staff members.
(b) A separate record shall be maintained for each
					 inmate assigned to RHU. This record shall be compiled on an automated Restricted
					 Housing Record (Rev. 11/23), which is incorporated by reference, and shall include
					 all required identifying information. Additionally, all significant information
					 relating to the inmate during the course of restricted housing from reception to
					 release, including, but not limited to, documentation of all programs, activities,
					 and services afforded the inmate while on restricted housing status, and all notes
					 regarding any significant staff observations, determinations or recommendations
					 regarding unusual behavior displayed by the inmate during this period, shall be
					 entered in chronological order.
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 4 - General Institution Regulations › Article 7.5 - Administration of Death Penalty [Repealed] › Section 3349.1 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 3-1-2018; operative 3-1-2018. Exempt from the Administrative Procedure Act
						pursuant to Penal Code section
						3604.1. Submitted to
						OAL for filing and printing only (Register 2018, No. 9).
2. Repealer
						filed 3-18-2019; operative 3-18-2019. Submitted to OAL for filing and printing only.
						Exempt from Administrative Procedure Act pursuant to Penal Code section
						3604.1 (Register
						2019, No. 12).
Note: Authority cited: Sections
						  1227,
						  3604,
						  3604.1 and
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  1227,
						  3600,
						  3601,
						  3602,
						  3603,
						  3604,
						  3605,
						  3607,
						  3700.5 and
						  5054, Penal Code;
						  Baze v. Rees (2008) 553 U.S.
						  35; and Towery v. Brewer (2012) 672 F.3d
						  650.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.1.1 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3601,
						  3602,
						  3603,
						  3605,
						  3607,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704 and
						  5054, Penal Code;
						  and Baze v. Rees (2008) 553 U.S. 35.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.1.2 - Selection, Recruitment and Annual Review of Lethal Injection Team Members. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.1.3 - Lethal Injection Team Duties. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.1.4 - Lethal Injection Team Training. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.2 - Recruitment, Selection and Annual Review of Lethal Injection Team Members. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 3-1-2018; operative 3-1-2018. Exempt from the Administrative Procedure Act
						pursuant to Penal Code section
						3604.1. Submitted to
						OAL for filing and printing only (Register 2018, No. 9).
2. Repealer
						filed 3-18-2019; operative 3-18-2019. Submitted to OAL for filing and printing only.
						Exempt from Administrative Procedure Act pursuant to Penal Code section
						3604.1 (Register
						2019, No. 12).
Note: Authority cited: Sections
						  3604,
						  3604.1 and
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604, and
						  5054, Penal Code;
						  Section
						  19130,
						  Government Code; United States Constitution, Amendment VIII; California
						  Constitution, Art. 1, Sections
						  1,
						  17,
						  27; Death-Penalty Case Protective Order
						  dated 4/3/06, Morales v. Woodford, U.S. District Court Northern District of
						  California (No. 5:06-cv-00219-JF).
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.2.1 - Execution Site Operation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.2.2 - Lethal Injection Record Keeping and Documentation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.2.3 - Witnesses, Observers, Media, and Information Releases. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605 and
						  5054, Penal Code;
						  United States Constitution, Amendment I and VIII; and California Constitution, Art.
						  1, Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.2.4 - Communication. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 4 - General Institution Regulations › Article 7.5 - Administration of Death Penalty [Repealed] › Section 3349.3 - Lethal Injection Team Training. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 3-1-2018; operative 3-1-2018. Exempt from the Administrative Procedure Act
						pursuant to Penal Code section
						3604.1. Submitted to
						OAL for filing and printing only (Register 2018, No. 9).
2. Repealer
						filed 3-18-2019; operative 3-18-2019. Submitted to OAL for filing and printing only.
						Exempt from Administrative Procedure Act pursuant to Penal Code section
						3604.1 (Register
						2019, No. 12).
Note: Authority cited: Sections
						  3604,
						  3604.1 and
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17,
						  27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.3.1 - Responsibilities and Tasks Approximately 45 Days Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.3.2 - Responsibilities and Tasks Approximately 30 Days Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.3.3 - Approximately Ten Days Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.3.4 - Five Days Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.3.5 - Four Days Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.3.6 - Three Days Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3601,
						  3602,
						  3603,
						  3604,
						  3605,
						  3705,
						  3706 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.3.7 - Two Days Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 4 - General Institution Regulations › Article 7.5 - Administration of Death Penalty [Repealed] › Section 3349.4 - Execution Site Operation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 3-1-2018; operative 3-1-2018. Exempt from the Administrative Procedure Act
						pursuant to Penal Code section
						3604.1. Submitted to
						OAL for filing and printing only (Register 2018, No. 9).
2. Repealer
						filed 3-18-2019; operative 3-18-2019. Submitted to OAL for filing and printing only.
						Exempt from Administrative Procedure Act pursuant to Penal Code section
						3604.1 (Register
						2019, No. 12).
Note: Authority cited: Sections
						  3604,
						  3604.1 and
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3603,
						  3604,
						  3605 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17,
						  27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.4.1 - Twenty-Four Hours Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; California Constitution, Art. 1,
						  Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.4.2 - Six Hours Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; California Constitution, Art. 1,
						  Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.4.3 - Approximately Three Hours Prior to a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; California Constitution, Art. 1,
						  Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.4.4 - During the Day of a Scheduled Execution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; California Constitution, Art. 1,
						  Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.4.5 - Administration of the Lethal Injection Chemicals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; California Constitution, Art. 1,
						  Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.4.6 - Post Execution Procedure. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; and California Constitution, Art. 1,
						  Sections 17, 27.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.5 - Responsibilities and Tasks upon Receipt and Service of the Execution Warrant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 3-1-2018; operative 3-1-2018. Exempt from the Administrative Procedure Act
						pursuant to Penal Code section
						3604.1. Submitted to
						OAL for filing and printing only (Register 2018, No. 9).
2. Repealer
						filed 3-18-2019; operative 3-18-2019. Submitted to OAL for filing and printing only.
						Exempt from Administrative Procedure Act pursuant to Penal Code section
						3604.1 (Register
						2019, No. 12).
Note: Authority cited: Sections
						  636,
						  1227,
						  3604,
						  3604.1,
						  3605,
						  3700.5,
						  3701 and
						  5058, Penal Code,
						  Glossip v. Gross (June 29, 2015, No. 14-7955) 576 U.S. [135 S.Ct. 2726, 2732];
						  Thorburn et al. v. Depart. of Corrections et al. (1998) 66 Cal.App. 4th 1284;
						  Morales v. Tilton (2006) 465 F.Supp.2d 972, 983. See also Heckler v. Chaney (1985)
						  470 U.S.
						  821; O'Bryan v. McKaskle, (5th Cir. 1984) 729 F.2d
						  991; Abdur'Rahman v. Bredesen, 181 S.W.3d 292 (Tenn. 2005), cert. denied, 126 S.Ct.
						  2288, 164 L.Ed.2d 813 (U.S. 2006); State v. Deputy, (Del. Super. Ct. 1994) 644 A.2d
						  411. Morales v. Hickman, Case Nos. C 06 219 JF and C 06 926 FJ RS, Document No. 78
						  (February 21, 2006 Order on Defendant's Motion to Proceed with Execution Under
						  Alternative Condition to Order Denying Preliminary Injunction). Reference: Sections
						  190,
						  636,
						  1227,
						  3600,
						  3601,
						  3602,
						  3603,
						  3604,
						  3604.3,
						  3605,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704,
						  3705,
						  3706 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; California Constitution, Art. 1,
						  Sections 17,
						  27; and Towery v. Brewer (2012) 672
						  F.3d 650.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.6 - Chronology of Events After Execution Warrant Has Been Served. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 3-1-2018; operative 3-1-2018. Exempt from the Administrative Procedure Act
						pursuant to Penal Code section
						3604.1. Submitted to
						OAL for filing and printing only (Register 2018, No. 9).
2. Repealer
						filed 3-18-2019; operative 3-18-2019. Submitted to OAL for filing and printing only.
						Exempt from Administrative Procedure Act pursuant to Penal Code section
						3604.1 (Register
						2019, No. 12).
Note: Authority cited: Sections
						  1227,
						  3604,
						  3604.1 and
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3601,
						  3602,
						  3603,
						  3604,
						  3605,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; California Constitution, Art. 1,
						  Sections 17,
						  27; Baze v. Rees (2008)
						  553 U.S.
						  35; and Towery v. Brewer (2012) 672 F.3d
						  650.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.7 - Administration of the Lethal Injection Chemical. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 3-1-2018; operative 3-1-2018. Exempt from the Administrative Procedure Act
						pursuant to Penal Code section
						3604.1. Submitted to
						OAL for filing and printing only (Register 2018, No. 9).
2. Repealer
						filed 3-18-2019; operative 3-18-2019. Submitted to OAL for filing and printing only.
						Exempt from Administrative Procedure Act pursuant to Penal Code section
						3604.1 (Register
						2019, No. 12).
Note: Authority cited: Sections
						  3604,
						  3604.1 and
						  5058, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; California Constitution, Art. 1,
						  Sections 17,
						  27; Baze v. Rees (2008)
						  553 U.S.
						  35; and Towery v. Brewer (2012) 672 F.3d
						  650.
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 7.5 - Administration of Death Penalty [Repealed] › Section 3349.8 - Post Execution Procedure. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 3-1-2018; operative 3-1-2018. Exempt from the Administrative Procedure Act
						pursuant to Penal Code section
						3604.1. Submitted to
						OAL for filing and printing only (Register 2018, No. 9).
2. Repealer
						filed 3-18-2019; operative 3-18-2019. Submitted to OAL for filing and printing only.
						Exempt from Administrative Procedure Act pursuant to Penal Code section
						3604.1 (Register
						2019, No. 12).
Note: Authority cited: Sections
						  3604,
						  3604.1,
						  3607,
						  5058 and
						  5061, Penal Code.
						  Reference: Sections
						  190,
						  3600,
						  3603,
						  3604,
						  3605,
						  3700,
						  3700.5,
						  3701,
						  3702,
						  3703,
						  3704 and
						  5054, Penal Code;
						  United States Constitution, Amendment VIII; California Constitution, Art. 1,
						  Sections 17,
						  27; Baze v. Rees (2008)
						  553 U.S.
						  35; and Towery v. Brewer (2012) 672 F.3d
						  650.