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 3315 - Serious Rule Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmate
					 misconduct reported on a RVR shall be classified serious if:
(1) It is a serious disciplinary offense not
					 specified as administrative in section
					 3314(a)(3), an offense
					 punishable as a misdemeanor, whether or not prosecution in undertaken, or is a
					 felony, whether or not prosecution is undertaken.
(2) It involves any one or more of the following
					 circumstances:
(A) Use of force or violence
					 against another person.
(B) A breach of
					 or hazard to facility security.
(C) A
					 serious disruption of facility operations.
(D) The introduction, distribution, possession, or
					 use of controlled substances, alcohol, or dangerous contraband.
(E) An attempt or threat to commit any act listed
					 in (A) through (D), coupled with a present ability to carry out the threat or
					 attempt if not prevented from doing so.
(3) Serious rule violations include but are not
					 limited to:
(A) Misconduct reportable to the
					 inmate's releasing authority.
(B) Theft,
					 embezzlement, destruction, or damage to another's personal property, state funds, or
					 state property.
(C) Hideout, preparation
					 to escape, or possession of escape paraphernalia.
(D) Tattooing or possession of tattoo
					 paraphernalia.
(E) Manufacture of
					 alcohol or possession of any controlled substance, unauthorized drug, intoxicant, or
					 illegal substance.
(F) Being under the
					 influence or use of alcoholic beverages, controlled substances, unauthorized drugs
					 or intoxicants in an institution, community correctional facility, or
					 camp.
(G) Possession of five dollars or
					 more without authorization.
(H) Acts of
					 disobedience or disrespect which by reason of intensity or context create a
					 potential for violence or mass disruptive conduct.
(I) Willfully inciting others to commit an act of
					 force or violence.
(J) Refusal to
					 perform work or participate in a program as ordered or assigned.
(K) Recurring failure to meet work or program
					 expectations within the inmate's abilities when lesser disciplinary methods failed
					 to correct the misconduct.
(L)
					 Participation in a strike or work stoppage.
(M) A repeated pattern of administrative rule
					 violations for the same offense.
(N)
					 Mail or visiting violations presenting a threat as described in (2) above.
(O) Harassment of another person, group, or entity
					 either directly or indirectly through the use of the mail or by any other
					 means.
(P) Throwing any liquid or solid
					 substance on a nonprisoner.
(Q)
					 Unauthorized possession of departmental records or documents which could affect any
					 inmate's release status.
(R) Refusal to
					 submit to a test for controlled substances or alcohol.
(S) Refusal to provide blood specimens, a saliva
					 sample, and palm and thumb print impressions pursuant to Penal Code, Part 1, Title
					 9, Chapter 6, Articles 1 through 7 (sections
					 295 et seq.), after receiving written
					 notification that such specimens and samples must be provided.
(T) Participation in gambling.
(U) Late return or failure to return from a
					 temporary community release or leave.
(V) Unauthorized possession of materials or
					 substances which have been modified or altered from their original manufactured
					 state or purpose with their potential to be made, or in the process of being made,
					 into a weapon; explosive or explosive-making materials; poison, caustic substance;
					 or any destructive device.
(W) Self
					 mutilation or attempted suicide for the purpose of manipulation.
(X) Possession or constructive possession of any
					 wireless communication device or any component thereof including, but not limited
					 to, a Subscriber Identity Module (SIM) card, memory storage devices, batteries,
					 wired or wireless headsets, or chargers, except as expressly authorized by the
					 Secretary, pursuant to subsection
					 3190(k)(8).
(Y) Involvement in a conspiracy or attempt to do
					 any of the above.
(Z) Security Threat
					 Group (STG) Directing or Controlling Behavior: Demonstrating activity, behavior or
					 status as a recognized member and/or leader of an STG, which jeopardizes the safety
					 of the public, staff or other inmate(s), and/or the security and orderly operation
					 of the institution.
(AA) Security Threat
					 Group (STG) Disruptive or Violent Behavior: Demonstrating involvement in activities
					 or an event associated with a STG, which jeopardizes the safety of the public, staff
					 or other inmate(s), and/or the security and orderly operation of the
					 institution.