California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 4 - Minimum Standards for Local Detention Facilities › Article 7 - Discipline › Section 1081 - Plan for Discipline of Incarcerated Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each facility administrator shall develop written
						policies and procedures for discipline of incarcerated persons. The plan shall
						include, but not be limited to, the following elements:
(a) Temporary Loss of Privileges: For minor
					 acts of non-conformance or minor violations of facility rules, staff may impose
					 a temporary loss of privileges, such as access to television, telephones,
					 commissary, or lockdown for less than 24 hours, provided there is written
					 documentation and supervisory approval.
(b) Disciplinary Actions: Major violations of
					 facility rules or repetitive minor acts of non-conformance or repetitive minor
					 violations of facility rules shall be reported in writing by the staff member
					 observing the act and submitted to the disciplinary officer. The consequences
					 of such violations may include, but are not limited to:
1. Loss of good time/work time.
2. Placement in disciplinary
					 separation.
3. Loss of privileges
					 mandated by regulations.
A staff member with investigative and disciplinary
						authority shall be designated as a disciplinary officer to impose such
						consequences. Staff shall not participate in disciplinary review if they are
						involved in the charges.
Such charges pending against an incarcerated person shall
						be acted on with the following provisions and within specified
						timeframes:
1. A copy of the report,
					 or a separate written notice of the violation(s), shall be provided to the
					 incarcerated person.
2. Unless
					 declined by the incarcerated person, a hearing shall be provided no sooner than
					 24 hours after the report has been submitted to the disciplinary officer and
					 the incarcerated person has been informed of the charges in writing. The
					 hearing may be postponed or continued for a reasonable time through a written
					 waiver by the incarcerated person, or for good cause.
3. The incarcerated person shall be permitted
					 to appear on their own behalf at the time of hearing and present witnesses and
					 documentary evidence. The incarcerated person shall have access to staff or
					 assistance when they have limited literacy, or the issues are
					 complex.
4. A charge(s) shall be
					 acted on no later than 72 hours after an incarcerated person has been informed
					 of the charge(s) in writing.
5.
					 Subsequent to final disposition of disciplinary charges by the disciplinary
					 officer, the charges and the action taken shall be reviewed by the facility
					 manager or designee.
6. The
					 incarcerated person shall be advised in a written statement by the fact-finders
					 about the evidence relied on and the reasons for the disciplinary action. A
					 copy of the record shall be kept pursuant to Penal Code Section
					 4019.5.
7. There shall be a policy of review and
					 appeal to a supervisor on all disciplinary
					 action.