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 4 - General Institution Regulations › Article 5 - Inmate Discipline › Section 3317.2 - Behaviors Related to Mental Illness or Developmental Disability/Cognitive or Adaptive Functioning Deficits Excluded from Rules Violation Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmates
					 shall not be issued a Rules Violation Report for behavior that constitutes a Rule
					 Violation under the circumstances described in subsections (1)-(4) below.
(1) The behavior occurred in connection with a
					 cell extraction for the administration of involuntary medication, as defined in
					 Penal Code Section
					 2602, or involuntary
					 medical treatment, as defined in Probate Code section
					 3200, et
					 seq.
(2) The behavior occurred in
					 connection with a cell extraction for transfer of the inmate to a mental health
					 inpatient unit or between mental health inpatient units.
(3) The behavior occurred in connection with being
					 placed in mental health restraints and/or seclusion.
(4) The behavior is determined to be an act of
					 self-mutilation or attempted suicide.
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 5 - Inmate Discipline › Section 3318 - Assistance to Inmates for Serious Rule Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Investigative employee. The investigative employee is designated to gather
					 information for the senior hearing officer or disciplinary hearing committee as
					 described in section
					 3315(d)(1)(A).
(1) The investigative employee shall:
(A) Interview the charged inmate.
(B) Gather information.
(C) Question all staff and inmates who may have
					 relevant information.
(D) Screen
					 prospective witnesses.
(E) Submit a
					 written report to the senior hearing officer or disciplinary committee chairperson
					 to include witness statements and a summary of the information collected specific to
					 the violation charged.
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 5 - Inmate Discipline › Section 3319 - Investigative Employees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment of
						subsection (a) filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
						20).
2. Amendment filed 8-18-78; effective thirtieth day thereafter
						(Register 78, No. 33).
3. Repealer filed 5-4-83; designated effective
						6-1-83 pursuant to Government Code Section
						11346.2(d)
						(Register 83, No. 19).
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 5 - Inmate Discipline › Section 3320 - Hearing Procedures and Time Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A classified
					 copy of the RVR and any additional/supplemental information (formerly documented on
					 the CDC Form 115-C) detailing any elements of the violation charged shall normally
					 be provided to the inmate within 15 days from the date the information leading to
					 the charges is discovered by staff or, in the case of an escapee, within 15 days
					 after the escapee's return to the department's custody, or in the case of an ACP
					 Participant's removal from the community, within 15 days of the participant's return
					 to an institution
(1) Any additional SOMS
					 generated supplemental reports shall contain the standard auto populated information
					 such as the inmate's name and number, housing, RVR log number, date of the RVR,
					 violation rule number and title, and incident type. The purpose of the supplemental
					 reports is to provide a continuation of the RVR circumstances, hearing, IE report,
					 or other.
(2) Providing the inmate with
					 a copy of the classified RVR may be delayed beyond 15 days, but no more than an
					 additional 30 days for a total of 45 days, and shall not prohibit forfeiture of
					 credits as a penalty for the misconduct when all of the following criteria are met:
(A) The misconduct could be prosecuted as murder,
					 attempted murder, or battery on staff.
(B) An investigation is continuing to identify
					 others involved in the misconduct.
(C)
					 Within 15 days of discovering the misconduct, a written request to delay the
					 inmate's notification, including the reasons for the delay, is approved by the chief
					 disciplinary officer.
(3) Time
					 limitations for a re-issued RVR shall commence on the date the chief disciplinary
					 officer orders the re-hearing pursuant to Subsection
					 3320(a)(1)
					 above.
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 5 - Inmate Discipline › Section 3320.1 - Hearings for Transferred Inmates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An inmate's
					 pending disciplinary hearing shall be conducted before the inmate is transferred to
					 another facility unless any one of the following circumstances apply:
(1) An emergency transfer to a higher security
					 level is necessary based on charges of involvement in a major disturbance or serious
					 incident.
(2) The inmate is charged with
					 escape from a Level I or II facility and will not be returned to the facility from
					 which the inmate escaped.
(3) The inmate
					 requires emergency medical or psychiatric treatment.
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 5 - Inmate Discipline › Section 3321 - Confidential Material

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 following types of information shall be classified as confidential:
(1) Information which, if known to the inmate,
					 would endanger the safety of any person.
(2) Information which would jeopardize the
					 security of the institution.
(3)
					 Specific medical or psychological information which, if known to the inmate, would
					 be medically or psychologically detrimental to the inmate.
(4) Information provided and classified
					 confidential by another governmental agency.
(5) A Security Threat Group debrief report,
					 reviewed and approved by the debriefing subject, for placement in the confidential
					 section of the central file.
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 5 - Inmate Discipline › Section 3322 - Length of Confinement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No inmate
					 shall be kept in disciplinary detention or confined to quarters more than ten days.
					 The chief disciplinary officer may shorten time spent in disciplinary detention or
					 confined to quarters if the inmate appears ready to conform and the facility
					 disciplinary process will benefit by such an action. When the disciplinary detention
					 or confined to quarters disposition has expired and continued restricted housing is
					 deemed necessary, the inmate shall be processed pursuant to section
					 3335.
(b) Time spent in restricted housing pending a
					 disciplinary hearing shall normally be credited toward any disciplinary detention or
					 confined to quarters sentence imposed. Reasons for not granting such credit shall be
					 explained in the disposition section of the RVR.
(c) No inmate shall be confined to quarters or
					 otherwise deprived of exercise as a disciplinary disposition longer than ten days
					 unless, in the opinion of the institution head, the inmate poses such an extreme
					 management problem or threat to the safety of others that longer confinement is
					 necessary. The director's written approval is required for such extended
					 confinement.
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Section 5054, Penal Code.
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 5 - Inmate Discipline › Section 3323 - Disciplinary Credit Forfeiture Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon a
					 finding of guilt of a serious rule violation, a credit forfeiture against any
					 determinate term of imprisonment or any minimum eligible parole date for an inmate
					 sentenced to an indeterminate sentence, as defined in section
					 3000 Indeterminate Sentence Law (ISL),
					 shall be assessed within the ranges specified in (b) through (h) below:
(b) Division "A-1" offenses; credit forfeiture of
					 181-360 days.
(1) Murder, attempted murder, and
					 solicitation of murder. Solicitation of murder shall be proven by the testimony of
					 two witnesses, or of one witness and corroborating circumstances.
(2) Manslaughter.
(3) Battery, including sexual battery, causing
					 serious injury.
(4) Assault or battery
					 with a deadly weapon or caustic substance.
(5) Rape, attempted rape, sodomy, attempted
					 sodomy, oral copulation, and attempted oral copulation against the victim's
					 will.
(6) Taking a hostage.
(7) Escape with force or violence.
(8) Possession, manufacture, or attempted
					 manufacture of a deadly weapon or explosive device.
(9) Solicitation to commit an offense listed in
					 subsections (b)(3), (b)(4) or (b)(5) above.
(10) Behavior or activities defined as a division
					 "A-1" offense that promotes, furthers, or assists a STG or demonstrates a nexus to
					 the STG.
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 5 - Inmate Discipline › Section 3325 - Appeal of Disciplinary Actions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
						filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
						9).
2. Repealer and new section filed 5-13-77; effective thirtieth day
						thereafter (Register 77, No. 20).
3. Amendment of subsection (c) filed
						9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
4.
						Amendment of subsection (b) filed 2-22-79; effective thirtieth day thereafter
						(Register 79, No. 8).
5. Amendment of subsections (a) and (c) filed
						4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
6.
						Repealer of Section
						3325(a) and (b), and
						renumbering and amendment of former Section
						3325(c) to Section
						3084.7(c) filed
						5-18-89 as an emergency; operative 5-18-89 (Register 89, No. 21). A Certificate of
						Compliance must be transmitted to OAL within 120 days or emergency language will be
						repealed on 9-15-89.
7. Certificate of Compliance as to 5-18-89 order
						transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2932,
						  5054 and
						  5077, 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 5 - Inmate Discipline › Section 3326 - Records of Disciplinary Matters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
					 conclusion of disciplinary proceedings, all documents relating to the disciplinary
					 process, findings, and disposition shall be disposed of in the following manner:
(1) When an inmate is held responsible for the act
					 charged, copies of all documents prepared for and used in the disciplinary
					 proceedings shall be placed in the inmate's central file. A copy of the completed
					 RVR shall be provided to the inmate.
(2)
					 When the inmate is found not guilty of the act charged or when the charge is
					 dismissed for any reason, a copy of the action taken shall be provided to the
					 inmate. All electronic copies of documents prepared for and used in the disciplinary
					 process shall be removed from general view and stored in SOMS, serving as the
					 Register of Institutional Violations.
(3) Unless information developed through the
					 disciplinary process, such as enemy information, needs to be considered in future
					 classification committee determinations affecting an inmate found not guilty of a
					 rule violation or whose charges were dismissed, no other recording or document
					 relating to the rule violation charge or disciplinary proceedings shall be placed in
					 files pertaining to the inmate.
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 5.5 - Restoration of Forfeited Credits › Section 3327 - Restoration of Forfeited Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Forfeited
					 credits shall at no time be restored as specified below:
(1) No credit shall be restored for any serious
					 disciplinary offense punishable by a credit loss of more than 90 days. These
					 offenses include Divisions A-1, A-2, B and C.
(2) No credit shall be restored if the inmate is
					 found guilty of any subsequent rule violation that occurred within the required
					 disciplinary-free periods provided in Section
					 3328.
(3) No credit shall be restored if the worktime
					 credit denial or loss was ordered by court judgment unless the court rescinds or
					 overturns the order.
(4) No credit shall
					 be restored for the following disciplinary offenses:
(A) The inmate was found guilty of use of a
					 controlled substance, marijuana, or alcohol, based on a positive test result from a
					 departmentally approved testing method;
(B) The inmate was ordered to submit to a drug
					 test pursuant to section
					 3290(c) and refused
					 the test;
(C) The inmate was found
					 guilty of fermentation or distillation of materials in a manner consistent with the
					 production of alcohol in a prison or community access facility;
(D) The inmate was found guilty of unauthorized
					 possession of dangerous contraband as defined in section
					 3000.
(5) No credit shall be restored pursuant to
					 subsections 3329.5(a)(1) and
					 3329.5(a)(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 5.5 - Restoration of Forfeited Credits › Section 3328 - Disciplinary-Free Periods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 disciplinary-free period shall commence immediately following the date and time an
					 inmate is identified (date of discovery of information leading to the charge) as
					 committing a rules violation.
(b) An
					 inmate may apply for restoration of 100 percent of any credit forfeited for a
					 Division "D" or "E" offense, not identified in section
					 3327, after remaining disciplinary free
					 for 180 days.
(1) If less than 180 days remain
					 before the inmate's established release date, a one-time application may be made
					 within 90 days of the established release date when the inmate has remained
					 disciplinary free for a minimum of 60 days.
(2) Violent offenders as defined in PC Section
					 667.5(c) and offenders
					 serving a term upon conviction of child abuse pursuant to PC Sections
					 273 a, 273ab, 273d, or any sex offense
					 identified in statutes as being perpetrated against a minor victim, or for whom such
					 notification has been ordered by any court, shall be eligible for the one-time
					 credit restoration application only if local law enforcement officials can be
					 notified of the inmate's release in not less than the 45-day time frame required by
					 law.
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 5.5 - Restoration of Forfeited Credits › Section 3329 - Extraordinary Circumstances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Extraordinary circumstances are significant factors which aggravate the seriousness
					 of a rule violation. A finding of factors in aggravation shall be cause to postpone
					 restoration for one additional disciplinary-free period.
(b) Extraordinary circumstances include:
(1) The victim was particularly
					 vulnerable.
(2) Multiple victims were
					 involved.
(3) The inmate induced others
					 to participate in the act or occupied a position of leadership or dominance over the
					 other participants.
(4) The inmate
					 threatened witnesses, prevented or dissuaded witnesses from testifying, induced
					 others to perjure themselves or in any way interfered in the investigation or
					 adjudication of the act.
(5) The
					 inmate's misconduct included other acts which could have resulted in the forfeiture
					 of additional credits.
(6) The plan,
					 sophistication, or professionalism with which the act was carried out, or other
					 facts indicating premeditation.
(7) The
					 inmate involved nonprisoners in the act.
(8) The act involved a large quantity of
					 contraband.
(9) The inmate took
					 advantage of a position of trust or confidence.
(10) The inmate engaged in a pattern of violent
					 conduct.
(11) The inmate's record
					 documents numerous acts of and/or increasingly serious
					 misconduct.
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 5.5 - Restoration of Forfeited Credits › Section 3329.5 - Automatic Restoration of Forfeited Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Notwithstanding sections
					 3327,
					 3328, and
					 3329, Good Conduct Credit shall be
					 restored for a Division "D," "E," or "F" offense discovered by department staff on
					 or after May 1, 2017, if an inmate remains disciplinary-free for a period of 90
					 calendar days with the following exceptions:
(1)
					 Credit loss resulting from rules violations for unauthorized possession or
					 constructive possession of a cellular telephone or wireless communication device
					 capable of making or receiving wireless communications shall not be
					 restorable.
(2) Credit loss resulting
					 from rules violations for Indecent Exposure, which occurred on or after November 1,
					 2023, shall not be restorable.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 6 - Disciplinary Detention › Section 3331 - Conditions of Detention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Insofar as
					 the safety and security of institution and for persons will permit, the physical
					 facilities of designated disciplinary detention units will approximate those housing
					 general population inmates.
(b)
					 Quarters. Where adequate and secure facilities are available and the number of
					 inmates assigned to designated disciplinary detention units permit, inmates so
					 assigned will be housed in single occupancy quarters. When the use of multiple
					 occupancy quarters is necessary, the number of inmates so assigned will not exceed
					 the capacity of beds for which such quarters are equipped except as a temporary
					 emergency measure. The office of the deputy director-institutions or the
					 departmental duty officer will be notified when such an emergency exists for longer
					 than 24 hours. Institution and department efforts will be coordinated as necessary
					 to resolve the overcrowding situation as quickly as possible.
(c) Personal Items.
(1) Inmates will not be permitted to use or
					 possess items of personally owned property, such as radios, television sets, tape
					 players, musical instruments, and typewriters while undergoing disciplinary
					 detention. Personal items necessary for health and hygiene may be used if such items
					 are not available for issue by the institution.
(2) Inmates will not be permitted to purchase, use
					 or possess edible or consumable canteen items while undergoing disciplinary
					 detention.
(3) Inmates may be deprived
					 of the use of personally owned clothing and footwear while undergoing disciplinary
					 detention when adequate state clothing and footwear are issued. No inmate in
					 disciplinary detention will be required to wear clothing that significantly differs
					 from that worn by other inmates in the unit, except that temporary adjustments may
					 be made for security reasons and for protection from self inflicted harm. No inmate
					 will be clothed in any manner intended to degrade the inmate.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 6 - Disciplinary Detention › Section 3333 - Confinement to Quarters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Confinement
					 to quarters may be ordered as a continuous period of confinement or as intermittent
					 confinement on holidays, weekends or days off from assigned work and classified
					 program activities. When ordered as intermittent confinement, confinement may not
					 exceed 10 ten days during a 35 day period.
(b) Confinement to quarters may extend from the
					 first full day of confinement to the beginning of the day following the last full
					 day of confinement. Such partial days will not reduce the total number of full days
					 of ordered confinement.
1. Change
						without regulatory effect amending section filed 10-29-90 pursuant to section
						100, title 1, California Code of
						Regulations (Register 91, No. 6).
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 - Restricted Housing › Section 3335 - Restricted Housing Unit Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an
					 inmate's presence in an institution's General Population (GP), inclusive of the
					 Restricted Custody General Population (RCGP) facility, presents an immediate threat
					 to the safety of the inmate or others, endangers institution security, or
					 jeopardizes the integrity of an investigation of an alleged serious misconduct,
					 criminal activity, or the safety of any person, the inmate shall be immediately
					 removed from the GP and placed in a Restricted Housing Unit (RHU) pursuant to
					 subsection 3335(c). Initial
					 placement into these units requires issuance of an automated Restricted Housing Unit
					 Placement Notice (RHUPN) (11/23), which is incorporated by reference, and approval
					 by an Administrative Reviewer as described in subsection
					 3336(b). If an
					 Institution Classification Committee (ICC) determines continued placement in a RHU
					 is appropriate, approval by the Classification Staff Representative (CSR) for
					 extension or an assessed Determinate RHU term, or by the Departmental Review Board
					 (DRB) if the inmate is being assessed an Administrative RHU term, on the basis of
					 classification committee recommendations and referrals is required. CDCR staff shall
					 not place inmates into a RHU solely on the basis of their validation
					 status.
(b) Non-Disciplinary Restricted
					 Housing.
(1) Non-Disciplinary Restricted Housing
					 (NDRH) means temporary restricted housing placement for administrative reasons
					 including, but not limited to:
(A) RHU placement
					 for investigation of safety concerns not resulting from the inmate's own misconduct.
1. Inmates whose safety concerns result from the
					 inmate's own misconduct or the inmate's failure to cooperate with the investigation
					 into their safety concerns may be denied NDRH designation by an ICC. In these cases,
					 the ICC shall document the information detailing the misconduct and reasoning for
					 denial of NDRH within the automated Classification Committee Chrono
					 (05/19).
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 3335.2 - Enhanced Outpatient Program Restricted Housing Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Enhanced
					 Outpatient Program Restricted Housing Unit (EOP RHU) provides secure housing and
					 care for inmates with diagnosed psychiatric disorders who are not able to function
					 in the general population and do not require inpatient hospital care, but who
					 require placement in restricted housing.
(b) An inmate shall be housed in an EOP RHU if
					 they are included in the Mental Health Services Delivery System (MHSDS) at the EOP
					 level of care and meet criteria pursuant to section
					 3335.
(c) Inmates assigned to an EOP RHU shall be
					 classified pursuant to section
					 3340. Inmates assigned to an EOP RHU
					 with an imposed RHU term shall be classified pursuant to section
					 3341.
(d) An inmate included in the MHSDS at the EOP
					 level of care and retained in RHU by an Institution Classification Committee shall
					 be transferred to a designated EOP RHU within 30 days of RHU placement. If the
					 inmate's inclusion in the MHSDS at the EOP level of care occurs after RHU placement,
					 the inmate shall be transferred within 30 days from the date of the inclusion at the
					 EOP level of care.
(1) An exception to the 30-day
					 requirement is allowed, and time constraints suspended, in the following
					 circumstances:
(A) Healthcare staff determines,
					 based on medical necessity, that a transfer cannot occur and places a medical
					 hold.
(B) During a delay resulting from
					 the inmate's refusal to transfer.
(C)
					 The inmate is out-to-court.
(D) The
					 inmate is placed in a Mental Health Crisis Bed or higher level of
					 care.
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 3335.3 - Correctional Clinical Case Management System Restricted Housing Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Correctional Clinical Case Management System Restricted Housing Unit (CCCMS RHU)
					 provides secure housing and enhanced care for inmates with diagnosed psychiatric
					 disorders who do not require Enhanced Outpatient Program (EOP), crisis, or inpatient
					 levels of care, but who require placement in restricted housing.
(b) An inmate shall be housed in a CCCMS RHU if
					 they are included in the Mental Health Services Delivery System (MHSDS) at the CCCMS
					 level of care and meet criteria pursuant to section
					 3335.
(c) Inmates assigned to a CCCMS RHU shall be
					 classified pursuant to section
					 3340. Inmates assigned to a CCCMS RHU
					 with an imposed RHU term shall be classified pursuant to section
					 3341.
(d) An inmate included in the MHSDS at the CCCMS
					 level of care and retained in RHU by an Institution Classification Committee shall
					 be transferred to a designated CCCMS RHU within 30 days of RHU placement. If the
					 inmate's inclusion in the MHSDS at the CCCMS level of care occurs after RHU
					 placement, the inmate shall be transferred within 30 days from the date of the
					 inclusion at the CCCMS level of care.
(1) An
					 exception to the 30-day requirement is allowed, and time constraints suspended, in
					 the following circumstances:
(A) Healthcare staff
					 determines, based on medical necessity, that a transfer cannot occur and places a
					 medical hold.
(B) During a delay
					 resulting from the inmate's refusal to transfer.
(C) The inmate is out-to-court.
(D) The inmate is placed in a Mental Health Crisis
					 Bed or higher level of care.
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 3335.4 - General Population Restricted Housing Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The General
					 Population Restricted Housing Unit (GP RHU) provides secure housing and care for
					 inmates who are not included in the Mental Health Services Delivery System, but who
					 require placement in restricted housing pursuant to section
					 3335.
(b) Inmates assigned to a GP RHU shall be
					 classified pursuant to section
					 3340. Inmates assigned to a GP RHU with
					 an imposed RHU term shall be classified pursuant to section
					 3341.
(c) Inmates housed at Calipatria State Prison,
					 Centinela State Prison, Chuckawalla Valley State Prison, or Ironwood State Prison,
					 whose Mental Health Level of Care (MHLOC) changes require inclusion in the MHSDS at
					 the CCCMS or EOP level of care, shall be transferred to an appropriate MHSDS RHU
					 within 14 calendar days of the date their MHLOC change was reflected in the
					 electronic health records system. If the inmate was included in the MHSDS at the
					 time of their arrival at one of the above institutions, the inmate shall be
					 transferred within 72 hours from the date of arrival.
(1) An exception to the 14-day or 72-hour
					 requirement is allowed, and time constraints suspended, in the following
					 circumstances:
(A) Healthcare staff determines,
					 based on medical necessity, that a transfer cannot occur and places a medical
					 hold.
(B) During a delay resulting from
					 the inmate's refusal to transfer.
(C)
					 The inmate is out-to-court.
(D) The
					 inmate is placed in a Mental Health Crisis Bed or higher level of
					 care.
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 3335.5 - Exclusions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Section 5054, Penal Code.
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 - Restricted Housing › Section 3337 - Determinate Restricted Housing Unit Term

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An inmate
					 shall be assessed a Determinate Restricted Housing Unit (RHU) term when the inmate
					 is found guilty of a Rules Violation Report for an offense specifically listed in
					 subsection 3337(g).
(b) A Determinate RHU term shall be computed using
					 the RHU Term Matrix in subsection (g) and the automated RHU Term Computation (Rev.
					 11/23), which is hereby incorporated by reference. A completed copy of the automated
					 RHU Term Computation (Rev. 11/23) shall be provided to the inmate. All Determinate
					 RHU terms shall be assessed at the set term for the offense.
(1) The RHU term effective date shall be the date
					 of placement in restricted housing or the date of discovery of the information
					 leading to the disciplinary charge, whichever occurs first.
(2) Inmates may be assessed multiple independent
					 RHU terms, which shall be served simultaneously. The RHU term with the most distant
					 Restricted Housing Unit Maximum Release Date (RHU MRD) shall be the controlling RHU
					 MRD.
(3) Only rule violations with a
					 violation date within the past five (5) years on an inmate's current CDCR number
					 that warrant a RHU assessment shall be addressed by ICC and reviewed by the
					 Classification Staff Representative (CSR). ICC shall assess the appropriate RHU term
					 in accordance with subsection
					 3337(g) and one of the
					 following actions:
(A) Impose/Re-impose
(B) Impose/Re-impose and Suspend
(C) Impose/Re-impose and Suspend in
					 Entirety
(D) Commute
(4) In assessment of the RHU term, ICC
					 shall review and consider the clinical input documented on the Form 115-MH-A (12/15)
					 Rules Violation Report: Mental Health Assessment, which is incorporated by
					 reference. ICC shall document on the automated Classification Committee Chrono
					 (05/19) their consideration and the actions taken as a result of the clinical
					 input.
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 3338 - Suspending Restricted Housing Unit Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Determinate
					 Restricted Housing Unit (RHU) Terms.
(1) ICC may
					 commute or suspend any portion of a Determinate RHU term. Once commuted, the term
					 shall not be re-imposed. ICC may suspend a Determinate RHU term any time it is
					 determined an inmate no longer poses a threat to the safety of any person or the
					 security of the institution. Additionally, ICC may suspend a Determinate RHU term
					 for purposes of inpatient medical or mental health treatment when deemed medically
					 necessary. Any ICC action to suspend or commute a Determinate RHU term shall clearly
					 articulate substantive justification for the decision on the automated
					 Classification Committee Chrono (05/19), which is incorporated by reference.
(A) ICC shall suspend any portion of a RHU term
					 during any time the inmate was not on restricted housing status.
(B) The remaining time of the suspended RHU term
					 continues to run while the inmate is no longer in restricted housing as long as the
					 inmate remains in CDCR custody. For the purposes of this provision, "CDCR custody"
					 includes inmates out-to-court and housed in a county facility unless they are under
					 the jurisdiction of the United States Marshals Service.
(C) The ICC action to suspend a RHU term may
					 require CSR review for placement consideration and/or audit. ICC has the authority
					 to release an inmate to a GP within the same institution pending placement review,
					 as appropriate. If multiple RHU terms are suspended, the RHU term with the most
					 distant RHU MRD need only be addressed. In this circumstance, any remaining RHU
					 terms with unexpired RHU MRDs shall be considered suspended.
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 3339 - Administrative Restricted Housing Unit Term

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An inmate in
					 the following circumstances may be assessed an Administrative Restricted Housing
					 Unit (RHU) term by the Departmental Review Board (DRB) when the DRB articulates a
					 substantial justification for the need for RHU placement due to the inmate's ongoing
					 threat to safety and security of the institution and/or others, and the inmate
					 cannot be housed in a less-restrictive environment and:
(1) Upon completion of a Determinate RHU term, the
					 DRB determines the inmate's case factors are such that overwhelming evidence exists
					 supporting an immediate threat to the security of the institution or the safety of
					 others; or
(2) The inmate has a
					 substantial disciplinary history consisting of no less than three (3) RHU terms
					 within the past five (5) years and substantial justification for the need for
					 continued RHU placement due to the inmate's ongoing threat to safety and security of
					 the institution and/or others, and the inmate cannot be housed in less-restrictive
					 housing; or
(3) The inmate is currently
					 serving an Administrative RHU term and continued retention is required because the
					 inmate's case factors are such that overwhelming evidence exists supporting an
					 immediate threat to the security of the institution or safety of others, or the
					 inmate has a substantial disciplinary history consisting of no less than three (3)
					 RHU terms within the past five (5) years.
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 3340 - Classification Hearing of Restricted Housing Placements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The need to
					 retain an inmate in restricted housing shall be determined by the ICC.
(1) The initial ICC hearing shall be held within
					 10 calendar days after the date the inmate was initially placed in restricted
					 housing. Voluntary extension of this time frame by the inmate is not
					 permitted.
(2) The inmate shall be
					 allowed at least 72 hours to prepare for the ICC classification hearing. However,
					 the inmate may waive this procedural safeguard, after the Administrative Reviewer
					 considers the need for SA and the inmate does not require a SA.
(3) In addition to a copy of the automated
					 Restricted Housing Unit Placement Notice (RHUPN) (11/23), which is incorporated by
					 reference, provided to the inmate at the time of placement in restricted housing in
					 accordance with subsection
					 3335(c)(3), the inmate
					 shall be provided copies of all additional documentation concerning the reasons for
					 restricted housing placement at least 24 hours prior to the ICC hearing.
					 Confidential information pertaining to the case shall be afforded to the inmate in
					 accordance with subsection
					 3321(b)(3).
(4) Inmates not requiring an SA, in accordance
					 with section 3344, may waive the 24-hour period for
					 documentation review. Waivers shall be formally noted in the automated
					 Classification Committee Chrono (05/19).
(5) Exceptions to the inmate's physical presence
					 at the hearing shall be permitted in accordance with subsections
					 3320(g) or
					 3375(f)(3). The
					 reasons for any hearing conducted without the presence of the inmate shall be
					 recorded within the automated Classification Committee Chrono (05/19).
(6) If the inmate refuses or is unable to attend
					 the hearing, a staff member shall query the inmate on behalf of the ICC and convey
					 all relevant information to the ICC to consider in making their decision, which
					 shall be recorded within the automated Classification Committee Chrono
					 (05/19).
(7) The SA, if one is assigned,
					 shall be at the hearing even if the inmate is not present.
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 - Imposed Restricted Housing Unit Term Classification Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Restricted
					 Housing Status Reviews. The Institution Classification Committee (ICC) shall conduct
					 all classification hearings of restricted housing status inmates except as detailed
					 in subsection 3376(d)(5).
(b) Inmates on Administrative Restricted Housing
					 Unit (RHU) status shall be reviewed by an ICC for release consideration to
					 less-restrictive housing no less frequently than every 180 days. Inmates who are
					 retained on Administrative RHU status by an ICC shall be referred to the
					 Departmental Review Board (DRB) on an annual basis. The DRB shall conduct an
					 assessment of the inmate's case factors and disciplinary behavior for placement in
					 less-restrictive housing.
(1) The DRB review shall
					 include, but not be limited to, the availability of alternative housing,
					 demonstrated evidence of behavioral change and expressed willingness to conform to
					 CDCR rules.
(2) If retained, the DRB
					 shall articulate on the automated Classification Committee Chrono (05/19) the basis
					 for continued retention on Administrative RHU status in accordance with section
					 3339.
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 3341.1 - Protective Housing Unit. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5058, Penal Code. Reference:
						  Sections 5054 and 5068, Penal Code.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  5054 and
						  5068, 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 - Restricted Housing › Section 3341.2 - Psychiatric Services Unit. [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; Madrid v. Gomez (N.D. Cal. 1995) 889
						  F.Supp. 1146, 1278; 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;
						  Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146, 1278; 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 3341.3 - Security Housing Unit. [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; and Castillo
						  v. Alameida, et al., (N.D. Cal., No. C94-2847).
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; 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 3341.4 - Security Housing Unit Terms - Initial, Concurrent and Consecutive. [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;
						  Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir.
						  1984) 722 F.2d 1490; and Castillo v. Alameida, et al., (N.D. Cal., No.
						  C94-2847).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2933.6,
						  5054 and
						  5068, Penal Code;
						  Sandin v. Connor (1995) 515 U.S.
						  472; Toussaint v. McCarthy (9th Cir. 1990) 926
						  F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v.
						  Alameida, et al., (N.D. Cal., No. C94-2847).