California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 10 - Classification › Section 3378.2 - Security Threat Group Validation Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The formal and objective process for identifying and
						documenting Security Threat Group (STG) affiliates. Validation is the term used to
						describe the quality control and due process review of STG identifications. The
						validation process is a strategy for identifying and documenting STG Members,
						Associates, Suspects, or Dropouts as defined in section
						3000.
(a) STG Coordinators/Investigators, the Office of
					 Correctional Safety (OCS), and the STG Unit Classification Committee shall be
					 responsible to initiate, investigate, and affirm/reject the validation of an STG
					 affiliate.
(b) The validation process
					 delineates the formal objective criteria utilized by an STG Investigator to
					 determine an individual's affiliation with a certified or recognized STG. Each
					 factor is determined by a weighted point system in order to conclude whether the
					 information taken as a whole is sufficient to establish a nexus to the STG.
Validation process for identifying and documenting STG
						members, associates, or suspects, which are defined as follows:
Member: Any offender or any person who, based on documented
						evidence, has been accepted into membership by a STG. STG members will be identified
						by the STG Investigator through the validation process, reviewed by OCS, and
						affirmed by the STG Unit Classification Committee.
Initial Validation of an offender as a member requires at
						least three (3) independent source criteria items with a combined value of 10 points
						or greater coupled with information/behavior indicative of a member.
Validation of an offender as a member of a STG-I shall also
						require that at least one of the criteria source items be a direct link to a current
						or former validated member or associate of the STG, or to an offender or any person
						who is validated by the Department within six months of the established or estimated
						date of behavior identified in the evidence considered.
An upgrade from associate to member requires at least three
						(3) independent source criteria items, that were not previously used in a
						validation, with a combined value of 10 points or greater coupled with at least
						three (3) of the items of information/behavior being indicative of a member.
Associate: Any offender or any person who, based on documented
						evidence, is involved periodically or regularly with the members or associates of a
						STG. STG associates will be identified by the STG Investigator through the
						validation process, reviewed by OCS, and affirmed by the STG Unit Classification
						Committee. Initial validation of an offender as an associate requires at least three
						independent source criteria items with a combined value of 10 points or greater
						coupled with information/behavior indicative of an associate.
Validation of an offender as an associate of a STG-I shall
						also require that at least one source criteria item be a direct link to a current or
						former validated member or associate of the STG, or to an offender or any person who
						is validated by the Department within six months of the established or estimated
						date of behavior identified in the evidence considered.
Suspect: Any offender or any person who, based on documented
						evidence, is involved periodically or regularly with the members or associates of a
						STG. The STG suspect is tracked by STG Investigative staff pending validation.
						Suspects have attained two or more points of validation and would not be officially
						validated but tracked for intelligence purposes. Source item information must be
						referred to the STG Investigator for evaluation and recorded on the CDCR Form 128-B3
						(11/13), Security Threat Group Identification Score Sheet, which is incorporated by
						reference.
A direct link, as defined in section
						3000, may be established by unilateral
						action by either party or by the subject's possession of any item connecting the
						subject to a validated STG affiliate; or for purposes of establishing a direct link,
						it shall not be necessary for CDCR to demonstrate that the subject had knowledge,
						actual or implied, of the validated STG affiliate's STG involvement.
CDCR staff shall not place inmates into a Restricted Housing
						Unit solely on the basis of their validation status.
Validation of an STG affiliate can occur based upon the sole
						use of source criteria items or based upon a combination of source criteria items
						and STG behavior that is reported and adjudicated via the disciplinary process. The
						STG validation process may take into account source criteria items that may have
						occurred at any time in an individual's personal STG history. If behavior is
						identified which violates section
						3314 or
						3315, it is staff's responsibility to
						ensure appropriate disciplinary procedures are applied.
Validation Source Criteria is documented on the CDCR Form
						128-B3 (11/13), Security Threat Group Identification Score Sheet, which is
						incorporated by reference. This document is completed by the STG
						Investigator.
Multiple sources providing information about a single STG
						related act or conduct shall constitute a single source item. One may support the
						other but will only count as one item toward the validation with the others listed
						as support documents.
Staff shall articulate the basis for determining the content
						or conduct at issue is STG related.
The source items shall be based on the following
						criteria:
(1) Symbols (Two Points): Hand
					 signs, distinctive clothing, graffiti, etc., which have been certified by CDCR in
					 accordance with Section
					 3378.1(f) as being
					 used by and distinctive to specific STGs. Staff shall describe the symbol in detail.
					 Staff shall document and disclose this information to the offender in a written form
					 that would not jeopardize the safety of any person or the security of the
					 institution.
(2) Association (Three
					 Points) Information related to the offender's association with validated STG
					 affiliates. The association shall be more than a chance encounter or an innocuous
					 association, but rather, a pattern or history of encounters that involve STG
					 behavior and/or an occurrence of conducting STG related business. Direct contact
					 with a validated STG affiliate is not necessary to demonstrate this association.
					 Staff shall articulate the basis for determining the conduct is credible evidence of
					 association with the STG. Staff shall document and disclose this information to the
					 offender in a written form that would not jeopardize the safety of any person or the
					 security of the institution.
(3)
					 Informants (Three Points): Documentation of information evidencing STG affiliation
					 from an informant shall indicate the date of the information, whether the
					 information is confidential or non-confidential, and an evaluation of the
					 informant's reliability. Confidential material shall also meet the requirements
					 established in section
					 3321. Staff shall articulate how the
					 information specifically relates to the offender's involvement with the STG. The
					 information may be used as a source of validation if the informant provides specific
					 knowledge of how he/she knew the offender to be involved with the STG. Multiple
					 confidential sources providing information regarding a single STG related incident
					 or behavior shall constitute one (1) source item. Exclusive reliance on hearsay
					 information provided by informants will not be used for validation purposes. Staff
					 shall document and disclose this information to the offender in a written form that
					 would not jeopardize the safety of any person or the security of the
					 institution.
(4) Debrief Reports (Three
					 Points): Only information referencing specific STG related acts or conduct shall be
					 considered as a source item when utilizing information from another offender's
					 debriefing. Confidential material obtained from a debrief report shall also meet the
					 requirements established in section
					 3321. Multiple sources of information
					 relative to a single STG related act or conduct shall be considered a single source
					 of validation. Exclusive reliance on hearsay information provided by debriefing
					 inmate will not be used for validation purposes. Staff shall document and disclose
					 this information to the offender in a written form that would not jeopardize the
					 safety of any person or the security of the institution.
(5) Written Materials (Offender identified in
					 written material not in his possession-Two Points; Personal Possession-Four Points):
					 Any material or documents evidencing STG behavior such as the membership or enemy
					 lists, roll call lists, constitutions, organizational structures, codes, training
					 material, etc., of specific STGs or addresses, names, identities of validated STG
					 affiliates. Although the item by itself may not evidence STG behavior, when
					 considered with other STG behavior, it gives credence to a STG nexus. Staff shall
					 articulate why, based on either the explicit or coded content, the written material
					 is reliable evidence of affiliation with the STG. Staff shall document and disclose
					 this information to the offender in a written form that would not jeopardize the
					 safety of any person or the security of the institution.
(6) Photographs (Four Points): Individual or group
					 photographs with STG connotations such as those which include insignia, certified
					 symbols, or other validated STG affiliates. The date or age of a photograph shall be
					 reasonably ascertained prior to any photo being relied upon for inclusion as a
					 source item. No photograph shall be considered for validation purposes that is
					 estimated to be older than four (4) years. Any photograph being utilized as a source
					 item that depicts STG affiliates shall require that at least one of the individuals
					 be previously validated by the Department, or validated by the Department within six
					 (6) months of the photograph's established or estimated date of origin. Staff shall
					 document the validation date for any individual in the photograph who was validated
					 within six months of the photograph's established or estimated date of origin. Staff
					 shall document and disclose this information to the offender in a written form that
					 would not jeopardize the safety of any person or the security of the
					 institution.
(7) Staff Information (Four
					 Points): Documentation of staff's visual or audible observations which reasonably
					 indicate STG behavior as described in Subsections
					 3314 (a)(3)(L) and
					 (M), Administrative Rules Violations, STG
					 Contraband and Behavior; or Subsections
					 3315 (a)(3)(Z) and
					 (AA), Serious Rules Violations, STG Violent,
					 Disruptive, or Controlling Behavior. Staff shall articulate the basis for
					 determining the content or conduct at issue is STG related. Staff shall document and
					 disclose this information to the offender in a written form that would not
					 jeopardize the safety of any person or the security of the institution.
(8) Other Agencies (Four Points): Information
					 identifying STG affiliation provided by other agencies including, but not limited
					 to, police reports, crime reports, or arrest reports evidencing STG conduct, which
					 have not been submitted, considered, and incorporated within received court
					 documents. Any information received from another agency shall be documented by the
					 staff person who receives such information, citing the source and validity of the
					 information. Staff shall document and disclose this information to the offender in a
					 written form that would not jeopardize the safety of any person or the security of
					 the institution.
(9) Visitors (Four
					 Points): Visits from persons or entities that are documented as willfully promoting,
					 furthering or assisting STG affiliates in activities associated with the STG. Staff
					 shall articulate the basis for concluding the relationship between the visitor(s)
					 and offender is STG related in nature or that the visitor(s) and offender engaged in
					 conduct related to the STG. Staff shall articulate the basis for identifying the
					 visitor(s) as associated with the STG. Staff shall document and disclose this
					 information to the offender in a written form that would not jeopardize the safety
					 of any person or the security of the institution.
(10) Communications (Four Points): Documentation
					 of conversations, conversations between offenders/others, mail, notes, greeting
					 cards, or other communication, which include explicit or coded messages evidencing
					 STG activity. Staff shall articulate why, based on either the explicit or coded
					 content, the communication is reliable evidence of affiliation with the STG. Staff
					 shall document and disclose this information to the offender in a written form that
					 would not jeopardize the safety of any person or the security of the
					 institution.
(11) Self Admission (Five
					 Points): Staff shall document information about an offender's verbal or written
					 admission as an STG affiliate and/or specific involvement with the STG. Staff shall
					 document and disclose this information to the offender in a written form that would
					 not jeopardize the safety of any person or the security of the
					 institution.
(12) Offenses (Six Points):
					 When circumstances of an offense conclude that the offense was committed for the
					 benefit or promotion of, at the direction of, or in association with an STG. Staff
					 shall articulate the basis for determining an offense to be STG related. Multiple
					 sources of information relative to a single incident or offense will be considered
					 one (1) source of validation. Staff shall document and disclose this information to
					 the offender in a written form that would not jeopardize the safety of any person or
					 the security of the institution.
(13)
					 Tattoos and/or Body Markings (Six Points): Tattoos and/or body markings depicting
					 symbols that have been certified by CDCR in accordance with Section
					 3378.1(f) as being
					 used by and distinctive to a specific STG. Staff shall describe the tattoo and/or
					 body marking in detail. Staff shall document and disclose this information to the
					 offender in a written form that would not jeopardize the safety of any person or the
					 security of the institution.
(14) Legal
					 Documents (Seven Points): Court transcripts, probation officer reports, or other
					 legal documents evidencing STG conduct. Staff shall document and disclose this
					 information to the offender in a written form that would not jeopardize the safety
					 of any person or the security of the institution.