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 9 - Mental Health Services › Section 3363 - Right to Refuse Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Inmates/Parolees shall be informed any time they are the
						object of particular mental health diagnosis or treatment procedure. Such persons
						shall have the right to refuse assignment to such a program of diagnosis or
						treatment without being subject to discipline or other deprivation, except as
						indicated in the following:
(a) When mental
					 health evaluation is required by law or ordered by a court.
(b) When an inmate is placed in a mental health
					 program for diagnostic study by the action of a classification committee, which
					 acted upon documented information or observations that gave reasonable cause to
					 believe the inmate was suffering from a mental illness which poses a danger to self
					 or others, or is gravely disabled. A physician or other licensed practitioner may
					 act in an emergency situation to place an inmate in psychiatric segregation under
					 observation and treatment for a period of up to five working days pending
					 classification action, providing the reasons for this action are
					 documented.
(c) When diagnostic study
					 has led to a diagnosis of existing or recurrent mental illness which renders the
					 inmate dangerous to self or others, or gravely disabled.
(d) If there is a special condition of parole
					 requiring attendance at a parole outpatient clinic, interviews may be imposed upon
					 the parolee. However, no medication will be administered by these clinics without
					 the specific informed consent of the patient.
1. Amendment of
						first paragraph and subsections (b) and (c) filed 1-3-95 as an emergency; operative
						1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL
						6-12-95 or emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 1-3-95 order transmitted to OAL
						6-12-95 and filed 7-25-95 (Register 95, No. 30).
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 9 - Mental Health Services › Section 3364 - Involuntary Medication. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
						filed 8-4-86; effective thirtieth day thereafter (Register 86, No.
						32).
2. Repealer and new subsection (a), new subsections (a)(1)-(3),
						amendment of subsection (b), repealer of subsections (c)-(e), subsection
						relettering, and amendment of newly designated subsection (c) and NOTE filed 1-3-95
						as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance
						must be transmitted to OAL 6-12-95 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance as to
						1-3-95 order including amendment of subsections (a)-(a)(3) and NOTE transmitted to
						OAL 6-12-95 and filed 7-25-95 (Register 95, No. 30).
4. Amendment of
						section and NOTE filed 1-28-2015; operative 1-28-2015 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2015, No. 5).
5. Change without regulatory effect renumbering
						former section 3364 to new section
						3999.344 filed 4-15-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 16).
Note: Authority cited: Sections
						  2602 and
						  5058, Penal Code.
						  Reference: Sections
						  2600,
						  2602 and
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 9 - Mental Health Services › Section 3364.1 - Involuntary Medication Definitions and Criteria. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 1-28-2015; operative 1-28-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 5).
2. Change without regulatory effect renumbering
						former section 3364.1, subsections (a)(6)-(7) to
						section 3999.98 and renumbering remainder of
						section 3364.1 to new section
						3999.345 filed 4-15-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 16).
Note: Authority cited: Sections
						  2602 and
						  5058, Penal Code.
						  Reference: Sections
						  2600 and
						  2602, 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 9 - Mental Health Services › Section 3364.2 - Involuntary Medication Hearing Procedures. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 1-28-2015; operative 1-28-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 5).
2. Change without regulatory effect renumbering
						former section 3364.2 to new section
						3999.346 filed 4-15-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 16).
Note: Authority cited: Sections
						  2602 and
						  5058, Penal Code.
						  Reference: Sections
						  2600 and
						  2602, 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 9 - Mental Health Services › Section 3365 - Suicide Prevention and Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
					 institution head shall ensure that all employees whose assignments routinely involve
					 inmate contact are trained to recognize signs and symptoms associated with suicide
					 risk, the appropriate procedures for staff intervention, and the appropriate
					 procedures to be followed in response to emergency situations resulting from
					 self-injurious or suicidal actions. This training shall be conducted as in-service
					 training, in compliance with Section
					 3435.
(b) Each institution head shall implement a
					 Suicide Prevention Program for inmates who display self-injurious or suicidal
					 behavior or symptoms. These programs shall include the following components:
(1) Suicide Watch. When medical staff determine
					 that an inmate is actively suicidal, a licensed physician or psychologist shall
					 order placement of the inmate on suicide watch in a General Acute Care Hospital
					 (GACH), Correctional Treatment Center (CTC), Skilled Nursing Facility (SNF),
					 Outpatient Housing Unit (OHU), or other appropriate health care facility, for
					 continual observation.
(2) Suicide
					 Precaution. When medical staff determine that an inmate is at high risk of
					 attempting self-injurious behavior, a licensed physician or psychologist shall order
					 placement of the inmate on suicide precaution in a GACH, CTC, SNF, OHU, or other
					 appropriate health care facility, for periodic monitoring.
(3) Follow-up Treatment. Discharge from suicide
					 watch or suicide precaution shall occur when an interdisciplinary team of clinicians
					 determines that the inmate no longer presents a suicide risk. A written treatment
					 plan and follow-up outpatient treatment shall be provided by a mental health
					 clinician.
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 9 - Mental Health Services › Section 3366 - Mental Health Advisory Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
						filed 1-28-99; operative 2-27-99 (Register 99, No. 5).
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 9 - Mental Health Services › Section 3367 - Psychosurgery. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect amending section filed 3-11-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 11).
2. Change without regulatory effect
						renumbering former section
						3367 to new section
						3999.349 filed 4-15-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 16).
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 9 - Mental Health Services › Section 3368 - Aversive Therapy. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect amending section filed 3-11-2013 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2013, No. 11).
2. Change without regulatory effect
						renumbering former section
						3368 to new section
						3999.350 filed 4-15-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 16).
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 9 - Mental Health Services › Section 3369 - Shock Therapy. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect amending subsection (a) filed 3-11-2013 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2013, No. 11).
2. Change without regulatory effect
						renumbering former section
						3369 to new section
						3999.348 filed 4-15-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 16).
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 9 - Mental Health Services › Section 3369.1 - Inmate/Parolee Placements in Department of Mental Health Hospitals. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 7-22-93; operative 8-23-93 (Register 93, No. 30).
2. Change without
						regulatory effect renumbering former section
						3369.1 to new section
						3999.342 filed 4-15-2019 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2019, No. 16).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  5150
						  and
						  5250
						  through
						  5256,
						  Welfare and Institutions Code; Sections
						  2684,
						  2974 and
						  5054, Penal Code;
						  and Vitek v. Jones (1980) 445
						  U.S. 480,
						  100 S.CT. 1254.
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 9.1 - Research of Inmates/Parolees [Repealed] › Section 3369.5 - Research. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect adding new article 9.1 (section
						3369.5) and renumbering former section
						3439 to new section
						3369.5 filed 8-1-96 pursuant to section
						100, title 1, California Code of
						Regulations (Register 96, No. 31).
2. Amendment of subsection (a),
						including incorporation of portion of former subsection (a)(5) and repealer of
						subsections (a)(1)-(5) filed 7-3-2001; operative 8-2-2001 (Register 2001, No.
						27)
3. Amendment of subsection (a) filed 12-9-2008; operative 1-8-2009
						(Register 2008, No. 50).
4. Repealer of article 9.1 (section
						3369.5) and repealer of section filed
						3-25-2020 as an emergency; operative 6-1-2020 (Register 2020, No. 13). Pursuant to
						Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency
						language will be repealed by operation of law on the following day.
5.
						Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to
						Executive Order N-40-20 and an additional 60 days pursuant to Executive Order
						N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to
						OAL by 3-9-2021 or emergency language will be repealed by operation of law on the
						following day.
6. Repealer of article 9.1 (section
						3369.5) and repealer of section refiled
						2-25-2021 as an emergency; operative 3-10-2021 (Register 2021, No. 9). Emergency
						expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days
						(Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by
						10-8-2021 or emergency language will be repealed by operation of law on the
						following day.
7. Repealer of article 9.1 (section
						3369.5) and repealer of section refiled
						10-4-2021 as an emergency; operative 10-8-2021 pursuant to Government Code section
						11346.1(d)
						(Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by
						1-6-2022 pursuant to Government Code section
						11346.1(h)
						or emergency language will be repealed by operation of law on the following
						day.
8. Certificate of Compliance as to 10-4-2021 order transmitted to
						OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
Note: Authority cited: Sections
						  3509.5,
						  3517 and
						  5058, Penal Code.
						  Reference: Sections
						  3500-
						  3524 and
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 9.5 - Case Records › Section 3370 - Case Records File and Unit Health Records Material-Access and Release

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unit health
					 records means a patient's health record that includes all records of care and
					 treatment rendered to an inmate-patient.
(b) Except by means of a valid authorization,
					 subpoena, or court order, no inmate or parolee shall have access to another's case
					 records file, unit health records, or component thereof.
(c) Inmates or parolees may review their own case
					 records file and unit health records, subject to applicable federal and state law.
					 This review shall be conducted in the presence of staff, and may necessitate the use
					 of a computer.
(d) No inmate or parolee
					 shall access information designated confidential pursuant to section
					 3321 which is in or from their own case
					 records file.
(e) No case records file,
					 unit health records, or component thereof shall be released to any agency or person
					 outside the department, except for private attorneys hired to represent the
					 department, the office of the attorney general, the Board of Parole Hearings, the
					 Inspector General, and as provided by applicable federal and state law. Any outside
					 person or entity that receives case records files or unit health records is subject
					 to all legal and departmental standards for the integrity and confidentiality of
					 those documents.
1. New section
						filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A
						Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language
						will be repealed by operation of law on the following day.
2. Certificate
						of Compliance as to 12-20-91 order transmitted to OAL 4-15-92 and filed 5-27-92
						(Register 92, No. 24).
3. New subsection (b) and subsection relettering
						filed 3-24-99; operative 4-23-99 (Register 99, No. 13).
4. Amendment of
						section heading, section and NOTE filed 1-19-2006; operative 2-18-2006 (Register
						2006, No. 3).
5. Amendment of subsection (e) filed 12-9-2008; operative
						1-8-2009 (Register 2008, No. 50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2081.5,
						  5054 and
						  6126.5, Penal Code;
						  Sections
						  56.10,
						  1798.24 and
						  1798.40, Civil Code;
						  and Code of Federal Regulations, Title 45, Sections
						  164.512 and
						  164.524.
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 9.5 - Case Records › Section 3370.5 - Detainers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a
					 detainer is received by the department, the inmate shall be provided a copy of the
					 detainer and written notification concerning any options available to the
					 inmate.
(b) An inmate may request
					 resolution of a detainer case by completing the indicated form below and forwarding
					 it to the case records office where the necessary documents shall be prepared for
					 the inmate's signature and mailing.
(1) CDC Form
					 643 (Rev. 4/88), Inmate Notice and Demand for Trial to District Attorney, shall be
					 completed to request disposition of untried charges in California.
(2) CDC Form 616 (Rev. 4/91), Request for
					 Disposition of Probation (PC 1203.2a), shall be completed to request disposition of
					 probation.
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 9.5 - Case Records › Section 3371.1 - Computation of Term and Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Terms of
					 incarceration, credit, and release dates shall be analyzed, processed, and
					 calculated by case records staff based upon information provided by the court,
					 custody staff, and program staff. All documents received from the court shall be
					 reviewed by case records staff and if any apparent sentencing discrepancies are
					 found, case records staff shall refer them to the court for resolution. No more than
					 30 days after case records staff complete the computation of a term or credit, case
					 records staff shall send notification to the affected inmate of his or her release
					 date and any subsequent change to his or her release date.
(b) Authority.
(1) The length of an inmate's term is governed by
					 the laws applicable on the date the inmate's crime is committed.
(2) The credit to be applied to an inmate's term
					 is governed by Section
					 32 of Article 1 of the California
					 Constitution, and the regulations promulgated pursuant there to.
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 9.5 - Case Records › Section 3371.2 - Credits for Escapee or Parole Violator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An escapee
					 or parole violator shall receive credit on their sentence for time in another
					 jurisdiction's custody when they are held on "our hold only" and are available for
					 return to the department's custody. No credit shall be applied for the time they are
					 held on "our hold only" while resisting extradition.
(b) An escapee or parole violator in local
					 confinement is available except when serving a sentence in lieu of a fine or a
					 sentence expressly ordered to run consecutively to their existing prison
					 term.
(c) An escapee or parole violator
					 in local confinement is available on the date our hold was placed or, if declared
					 at-large and parole was suspended, the date of their arrest.
1. New section
						filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A
						Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language
						will be repealed by operation of law on the following day.
2. Certificate
						of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 6-2-92
						(Register 92, No. 24).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2900 and
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 10 - Classification › Section 3375 - Classification Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 classification process shall be uniformly applied, commencing upon reception of a
					 person committed to the custody of the Secretary and shall continue throughout the
					 time the individual remains under the Secretary's jurisdiction. Each inmate shall be
					 individually classified in accordance with this article. Senate Bill 618
					 Participants, as defined in section
					 3000 and pursuant to subsection
					 3077.1(a)(1)(C), shall
					 receive a preliminary classification at a county facility prior to reception at a
					 departmental institution.
(b) The
					 classification process shall take into consideration the inmate's needs, interests
					 and desires, his/her behavior and placement score in keeping with the Department and
					 institution's/facility's program and security missions and public safety.
(1) An automated needs assessment tool that
					 identifies an inmate's criminogenic needs shall be administered pursuant to Section
					 3375.6.
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 3375.1 - Inmate Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
					 provided in section
					 3375.2, each inmate shall be assigned
					 to a facility with a security level which corresponds to the following placement
					 score ranges:
(1) An inmate with a placement score
					 of 0 through 18 shall be placed in a Level I facility.
(2) An inmate with a placement score of 19 through
					 35 shall be placed in a Level II facility.
(3) An inmate with a placement score of 36 through
					 59 shall be placed in a Level III facility.
(4) An inmate with a placement score of 60 and
					 above shall be placed in a Level IV facility.
(A)
					 Level IV facilities, as described in subsection
					 3377(d), include
					 180-design and 270-design housing. The department recognizes the security
					 differences between a 180-design and 270-design facility. A 180-design facility
					 provides more direct supervision and controlled movement.
(B) Determination of placement of an inmate into a
					 180-design or a 270-design facility shall be made by the following:
1. A Correctional Counselor assigned to the
					 reception center during intake processing in accordance with section
					 3075.1.
2. The Departmental Review Board (DRB) for inmates
					 released from a Restricted Housing Unit (RHU) after serving an Administrative RHU
					 Term, or upon referral in accordance with subsection
					 3376.1(d).
3. For all other determinations of placement not
					 specified in subsections
					 3375.1(a)(4)(B)1. and
					 3375.1(a)(4)(B)2., a Classification Committee shall make the placement determination
					 in accordance with section
					 3376.
(C) When making a determination for Level IV
					 180-design or 270-design facility inmate placement, Correctional Counselors assigned
					 to the reception center and any subsequent reviews conducted by a Classification
					 Committee, or by the DRB for inmates who are released from RHU after serving an
					 administrative RHU term, shall evaluate factors pursuant to subsection
					 3375(b). Additionally,
					 the following factors shall be evaluated and considered:
1. Any Security Threat Group (STG)
					 behavior.
2. A guilty finding or pending
					 adjudication of a Rules Violation for act(s) of violence.
3. Departmental and institutional facility program
					 or security needs.
(D)
					 Determinations for placement of inmates into a 180-design or 270-design facility
					 housing and the rationale and justification for these decisions shall be clearly
					 articulated and documented pursuant to subsection
					 3375(g).
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 3375.3 - CDCR Classification Score Sheet, CDCR Form 839, Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section incorporates by reference CDCR Form 839 (Rev.
						05/23), Classification Score Sheet.
The factors and related numerical weights used to determine an
						inmate's preliminary score are listed below. Box numbers appear to the right, but
						refer to the first box on the left of each field.
(a) Background factors (Boxes 30-46):
(1) Age at first arrest (Boxes 30-31).
(A) Calculate the inmate's age at first arrest
					 based on the date of the inmate's first arrest. If there is no record of arrests
					 prior to the commitment offense, use the date of arrest for the commitment offense
					 as the date of the inmate's first arrest on CDCR Form 839, CDCR Classification Score
					 Sheet.
(B) When the age of first arrest
					 is determined, round down to the full year and apply that information to the Age at
					 First Arrest matrix on CDCR Form 839.
(C) Enter the corresponding point value in boxes
					 to the right.
(D) Enter all single digit
					 numbers in the box to the far right.
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 3375.4 - CDCR Reclassification Score Sheet, CDCR Form 840, Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section incorporates by reference CDCR Form 840 (Rev.
						05/23), Reclassification Score Sheet.
The factors and their related numerical weights used to
						recalculate an inmate's preliminary score or new preliminary score are listed below.
						Box numbers appear to the right but refer to the first box on the left of each
						field.
(a) Favorable behavior since last
					 review (Boxes 46-51). The categories below provide favorable points for six-month
					 intervals. For an annual reclassification review, two six-month periods may be
					 counted. When an inmate's status is interrupted during the period without inmate
					 fault, the period shall be considered continuous.
(1) For each six-month period of continuous
					 minimum custody, four points shall be entered in Boxes 46-47.
(2) For each six-month period since the last
					 review with no serious disciplinary(s), two points shall be entered in Boxes
					 48-49.
(3) For each six-month period
					 with an average or above performance in work or a Rehabilitative Program managed by
					 the Division of Rehabilitative Programs, as defined in section
					 3000, two points shall be entered in
					 Boxes 50-51.
(A) Part-time assignments which, when
					 work/program hours are added together, are equivalent to a full-time assignment
					 shall be combined.
(B) Favorable points
					 shall not be granted for average or above average performance for inmates who are
					 not assigned to a program, unless the inmate is diagnosed as totally disabled as
					 defined in section
					 3000.
(C) Time that an inmate spends during a six-month
					 review period with a diagnosis of being totally disabled as defined in section
					 3000 shall count for the purpose of
					 granting favorable points for average or above average
					 performance.
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 3375.5 - CDCR Readmission Score Sheet, CDCR Form 841, Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section incorporates by reference CDCR Form 841 (Rev.
						05/23), Readmission Score Sheet.
The factors and their related numerical weights used to
						recalculate an inmate's preliminary score upon readmission to the Department are
						listed below. Box numbers appear to the right, but refer to the first box on the
						left of each field.
(a) Favorable behavior
					 since last review (Boxes 48-53). The categories below provide favorable points for
					 six-month intervals. When an inmate's status is interrupted during the period
					 without inmate fault, the period shall be considered continuous.
(1) For each six-month period of continuous
					 minimum custody, four points shall be entered in Boxes 48-49.
(2) Apply one-half favorable behavior points for
					 less than a full six-month review period.
(3) Unfavorable behavior points shall be assessed
					 at full value.
(A) For each six-month period since
					 the last review with no serious disciplinary, two points shall be entered in Boxes
					 50-51.
(B) For each six-month period
					 with an average or above average performance in work or a Rehabilitative Program
					 managed by the Division of Rehabilitative Programs, as defined in section
					 3000, two points shall be entered in
					 Boxes 52-53.
1. Part-time assignments which, when
					 work and program hours are added together, are equivalent to a full-time assignment
					 shall be combined.
2. Favorable points
					 shall not be granted for average or above average performance for inmates who are
					 not assigned to a program, unless the inmate is diagnosed as totally disabled as
					 defined in section
					 3000.
3. Time that an inmate spends during a six-month
					 review period with a diagnosis of being totally disabled as defined in section
					 3000 shall count for the purpose of
					 granting favorable points for average or above average
					 performance.
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 3375.6 - Automated Needs Assessment Tool

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A validated
					 automated needs assessment tool, as defined in Section
					 3000, will identify criminogenic needs
					 which are most predictive of criminal behavior. The tool identifies a needs value
					 that demonstrates the level of need from high to low and shall be utilized to assist
					 in placing the inmate in a rehabilitative program. Currently the automated needs
					 assessment tool that is being utilized is the Correctional Offender Management
					 Profiling For Alternative Sanctions (COMPAS) (copyright version 2020), which is
					 hereby incorporated by reference. This tool is subject to change in the future, due
					 to proprietary licensing rights, software version updates, and the department's
					 agreement with the licensed authority.
(1) An
					 automated needs assessment tool shall be administered during the reception center
					 process for all inmates.
(2) An
					 automated needs assessment tool shall be administered during the initial or annual
					 review process for inmates who do not have a completed automated needs assessment
					 tool.
(3) The automated needs assessment
					 tool evaluates the inmate's criminogenic needs in categories such as Substance Use
					 Disorder, Career Technical Education, educational, criminal personality, family
					 criminality, and anger/violence.
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 3376 - Classification Committees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 following terms are defined for the purposes of this section:
(1) Camp means the type of subfacility of an
					 institution which is normally located in a rural area and which has no secure
					 (fenced or walled) perimeter. Camp inmates are generally assigned to conservation
					 and/or road details.
(2)
					 Community-access facility (CAF) means any facility located in the community,
					 administrated by the Division of Adult Parole Operations, where inmates have access
					 to the community for work or training and which has no secure (fenced or walled)
					 perimeter.
(3) Community correctional
					 facility (CCF) means a facility located in the community, administrated by the
					 Parole and Community Services Division, where inmates do not have unsupervised
					 access to the community and which has a secure (fenced) perimeter.
(4) Facility means any institution,
					 community-access facility, community correctional facility, or any camp or other
					 subfacility of an institution under the jurisdiction of the department.
(5) Institution means a large facility or complex
					 of subfacilities with a secure (fenced or walled) perimeter headed by a
					 warden.
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 3376.1 - Departmental Review Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Departmental Review Board (DRB) provides the Secretary's
						final review of classification issues which are referred by an institution head for
						a resolution or decision at the headquarters level. The DRB decision serves as the
						Secretary's level decision which is not appealable and concludes the
						inmate/parolee's departmental administrative remedy of such issues.
(a) Composition of the DRB:
(1) The director or deputy director of the
					 Division of Adult Institutions (chairperson).
(2) The director or deputy director of the
					 Division of Adult Parole Operations.
(3)
					 The chief of classification services (shall abstain on DRB issues resulting from a
					 difference of opinion between an institution head and the chief of classification
					 services).
(4) The chief of health
					 services.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 10 - Classification › Section 3377.1 - Inmate Custody Designations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Designation
					 of a degree of an inmate's custody shall be reasonably related to legitimate
					 penological interests. The CDCR uses the following inmate custody designations to
					 establish where an inmate shall be housed and assigned, and the level of staff
					 supervision required to ensure institutional security and public safety:
Maximum Custody,
Close Custody,
Medium A Custody,
Medium B Custody,
Minimum A Custody,
Minimum B Custody,
(1) Maximum Custody.
(A) Housing shall be in cells in an approved
					 restricted housing unit as described in sections
					 3335 through
					 3335.3.
(B) Assignments and activities shall be within the
					 confines of the approved restricted housing unit.
(C) An inmate designated as Maximum Custody shall
					 be under the direct supervision and control of custody staff.
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 3377.2 - Criteria for Assignment of Close Custody

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon review
					 of an inmate's case factors and need for supervision, a classification committee
					 shall establish a Close Custody designation in accordance with the case factor
					 criteria established in section
					 3377.2(b).
(1) After completing the minimum time requirement
					 for Close Custody as established in 3377.2(b), an inmate's custody shall be
					 considered for reduction by a classification committee during the annual
					 classification review consistent with subsection
					 3376(d)(2)(A).
(A) The minimum time requirement for Close Custody
					 will continue to be applied when an inmate is not eligible for consideration of
					 reduction during the annual review process.
(B) The period of time the inmate was unclassified
					 while undergoing reception center processing shall be applied toward the minimum
					 time requirement for Close Custody as established in subsection
					 3377.2(b). However, no
					 time spent at Maximum Custody shall be applied toward satisfying the Close Custody
					 minimum time requirement.
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 - Security Threat Group Identification, Prevention, and Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 information regarding an offender which is or may be critical to the safety of
					 persons inside or outside an institution shall be documented as required below on a
					 CDCR Form 812 (Rev. 11/13), Notice of Critical Case Information--Safety of Persons
					 (Nonconfidential Enemies), which is incorporated by reference and CDCR Form 812-C
					 (Rev. 8/01), Notice of Critical Information--Confidential Enemies. The CDCR Form
					 812, and CDC Form 812-C and all documents referred to on the forms shall be filed in
					 the central file of each identified offender. Any confidential material affecting
					 the critical case factors of an offender shall conform to the provisions of section
					 3321. Entries on these forms shall not
					 be a substitute for detailed documentation required elsewhere in the central
					 file.
(b) A CDCR Form 812, and when
					 applicable a CDC Form 812-C, shall be completed for each newly committed or returned
					 offender.
(1) The CDCR Form 812 and CDC Form 812-C
					 shall be updated as any critical information becomes known and is documented in the
					 offender's central file. The forms shall also be reviewed and updated at the time of
					 any change in the offender's status or placement.
(2) Any offender who claims enemies shall provide
					 sufficient information to positively identify the claimed enemy. Any offender
					 identified as an enemy shall be interviewed unless such interview would jeopardize
					 an investigation or endanger any person. The results of the interview or
					 investigation which supports, verifies or disproves the information shall be
					 documented on a CDC Form 128-B, General Chrono.
(3) Notations on the CDCR Form 812 and CDC Form
					 812-C, or absence thereof, shall not be the sole basis for a staff decision or
					 action which may affect the safety of any person.
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 3378.1 - Security Threat Group Certification Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The California Department of Corrections and Rehabilitation
						(CDCR) prohibits offenders from creating, promoting, or participating in any
						Security Threat Group (STG). Any offender engaging in STG related behavior may be
						subject to criminal prosecution, in addition to any administrative sanctions imposed
						as a result of CDCR's disciplinary process.
(a) Definitions.
(1) Certification of an STG-I or recognition of an
					 STG-II means the formal designation of a group or gang as a security threat group
					 based upon a STG Threat Assessment conducted by the Office of Correctional Safety
					 (OCS). Prison gangs, disruptive groups and/or street gangs may be reviewed,
					 categorized, and certified/recognized as a STG. Initial certification will be based
					 upon the documented severity of the threat to the security of the institution and
					 safety of staff and offenders.
(2) STG
					 Threat Assessment means an official assessment conducted by the OCS for use in the
					 STG certification process. This assessment will specifically identify the reason a
					 STG, based on documented evidence of violence, threat of violence and/or other
					 serious STG behaviors, poses an immediate clear and present danger to the safety of
					 any person or the security of the prison.
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 3378.3 - Security Threat Group Step Down Program. [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 10 - Classification › Section 3378.5 - Debriefing Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Debriefing is the process by which a STG
						coordinator/investigator determines whether an offender (subject) has dropped out of
						a STG. A subject shall be debriefed only upon his or her request, although staff may
						ask a subject if he or she wants to debrief. The Debrief Process may include a
						two-step process that consists of an interview phase (Phase I) and an observation
						phase (Phase II).
(a) CDCR has established
					 a Debrief Processing Unit (DPU) to house inmates who are assigned to Phase I of the
					 Debrief Process. A DPU may be established at any institution or facility the
					 Department deems appropriate. An evaluation of the need for the observation phase
					 will be based upon individual case factors including the STG affiliate's housing
					 prior to beginning the debrief process. The observation phase of the Debrief Process
					 shall begin when the inmate's autobiography is accepted and ICC changes his status
					 to Post-Debrief Intake Panel (DIP). Time served in the observation phase may overlap
					 with time spent in the interview phase. Time spent in the observation phase should
					 be up to six months, as long as the inmate is actively participating in assigned
					 program activities.
(b) The purpose of
					 the debrief interview is to provide staff with information about the STG's
					 structure, activities, and affiliates. The debrief process is not for the purpose of
					 acquiring incriminating evidence against the subject. The object of the debrief
					 process is to learn enough about the subject and the subject's current STG to:
(1) allow staff to reasonably conclude that the
					 subject has dropped out of the STG, and
(2) allow staff to reclassify the subject based
					 upon the offender's needs in conjunction with the security of the institution, as
					 well as, the safety and security of staff and other offenders. A requirement of the
					 interview phase is that the offender provides staff an autobiography of their STG
					 involvement, which is then verified by staff for completeness and
					 accuracy.