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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3458 - Selection of Architects or Engineers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After expiration of the period stated in the publications, the
						director, or designee, shall evaluate statements of qualifications and performance
						data submitted by interested firms and on file in the department. The director, or
						designee, shall conduct discussions with no less than three firms regarding
						anticipated concepts and the relative utility of alternative methods of approach for
						furnishing the required service. From the firms with which the director, or
						designee, holds discussions, the director, or designee, shall select no less than
						three, in order of preference, based upon the established criteria, whom the
						director, or designee, deems to be the most highly qualified to provide the services
						required. In the event there are fewer than three qualifying submittals, the
						director, or designee, will make a finding as to whether it is in the best interest
						of the state to proceed or re-advertise.
1. Amendment of
						NOTE filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment
						filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Sections
						  5054 and
						  7000 et seq., Penal Code; and Sections
						  4526 and
						  4527,
						  Government 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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3459 - Estimate of Value of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before any discussion with any firm concerning fees, the
						director, or designee, shall cause an estimate of the value of such services to be
						prepared. Such estimate shall be, and remain, confidential until award of contract
						or abandonment of any further procedure for the services to which it relates.
1. Amendment of
						NOTE filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment
						filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Sections
						  5054 and
						  7000 et seq., Penal Code; and Sections
						  4526 and
						  4527,
						  Government 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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3460 - Negotiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director, or designee, shall attempt to negotiate a
						contract with the best qualified firm. Should the director, or designee, be unable
						to negotiate a satisfactory contract with the firm considered to be the most
						qualified at fair and reasonable compensation, negotiations with that firm shall be
						terminated. The director, or designee, shall then undertake negotiations with the
						second most qualified firm. Failing accord, negotiations shall be terminated. The
						director shall then undertake negotiations with the third most qualified firm.
						Failing accord, negotiations shall be terminated. Should the director be unable to
						negotiate a satisfactory contract with any of the selected firms, the director, or
						designee, may select additional firms in order of their competence and
						qualifications and continue negotiations in the manner prescribed until an agreement
						is reached.
1. Amendment of
						NOTE filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment
						filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Sections
						  5054 and
						  7000 et seq., Penal Code; and Sections
						  4526 and
						  4527,
						  Government 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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3461 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In instances where the state effects a necessary change in the
						work during the course of performance of the contract, the firm's compensation may
						be adjusted by mutual written agreement in a reasonable amount where the amount of
						work to be performed by the firm is changed from that which existed previously in
						the contemplation of the parties.
1. Amendment of
						section and NOTE filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Sections
						  5054 and
						  7000 et seq., Penal Code; and Sections
						  4526 and
						  4527,
						  Government 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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3462 - Contracting in Phases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Should the director, or designee, determine that it is
						necessary or desirable to have the work performed in phases, it will not be
						necessary to negotiate the total contract price in the initial instance, provided
						that the director, or designee, shall have determined that the firm is best
						qualified to perform the work at reasonable cost, and the contract contains
						provisions that the state, at its option, may utilize the firm for other phases and
						the firm will accept a fair and reasonable price for subsequent phases to be later
						negotiated, mutually-agreed upon and reflected in a subsequent written instrument.
						The procedure with regard to estimates and negotiation shall otherwise be
						applicable.
1. Amendment of
						section and NOTE filed 9-8-97; operative 10-8-97 (Register 97, No.
						37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002,
						No. 28).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Sections
						  5054 and
						  7000 et seq., Penal Code; and Sections
						  4526 and
						  4527,
						  Government 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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3463 - Small Business Participants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director, or designee, shall endeavor to provide to all
						small business firms who have indicated an interest in receiving such, a copy of
						each announcement for services for which the director, or designee, concludes that
						small business firms could be especially qualified. The director, or designee, shall
						assist firms in attempting to qualify for small business status. A failure of the
						director, or designee, to send a copy of an announcement to any firm shall not
						operate to invalidate any contract.
1. Amendment of
						section and NOTE filed 9-8-97; operative 10-8-97 (Register 97, No.
						37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002,
						No. 28).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Sections
						  5054 and
						  7000 et seq., Penal Code; and Sections
						  4526 and
						  4527,
						  Government 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 5 - Personnel › Article 7 - Selection of Professional Consulting Services › Section 3464 - Applicability of this Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article shall not apply where the director, or designee,
						determines that:
(a) The services needed
					 are more of a technical nature, and
(b)
					 The services needed involve little professional judgement; and
(c) Requiring bids would be in the public
					 interest.
1. New section
						filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment of
						first paragraph filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
Note: Authority cited: Section
						  5058, Penal Code;
						  and Section
						  4526,
						  Government Code. Reference: Section
						  4529,
						  Government 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 5 - Personnel › Article 8 - Disabled Veteran Business Enterprise Program › Section 3465 - Disabled Veteran Business Enterprise Goal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The disabled
					 veteran business enterprise goal established in Public Contract Code section
					 10115(c)
					 applies to the overall annual expenditures of the department. The goal shall be used
					 for specific contracts unless the department determines that a more appropriate
					 disabled veteran business enterprise goal shall be used for a specific contract
					 based on one or more of the following conditions:
(1) The contract is for an amount of $15,000 or
					 less.
(2) The department has determined
					 that there are no disabled veteran business enterprises within a reasonable market
					 area.
(3) The department has determined
					 that the project or contract contains no opportunity for subcontracting.
(4) The department has determined that an
					 emergency exists involving the public health, welfare, safety, or security of a
					 facility and/or the public.
(5) The
					 department has determined that the contract for services to be supplied exclusively
					 by an individual or business concern involves minor or insignificant incidental
					 services or supplies.
(6) The department
					 has determined that the contract will result in the state being a user of services
					 normally provided to the public at large, e.g., electricity, gas, water, garbage
					 collection, use of common carriers, and/or over-night accommodations.
(7) The department has determined that there is
					 only one person or entity that can reasonably and effectively perform the required
					 services for which there is minor, insignificant, or no opportunity for
					 subcontracting.
(8) The department has
					 determined that extraordinary circumstances exist which make it impossible for the
					 potential contractor or the department to comply with the disabled veteran business
					 enterprise requirements.
(9) An
					 amendment to an existing contract is either based on one or more of the above
					 conditions or the amendment will not materially change the scope of services, as
					 determined by the department.
(10) The
					 work is to be performed pursuant to a change order or amendment to an existing
					 construction contract.
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 5 - Personnel › Article 8 - Disabled Veteran Business Enterprise Program › Section 3466 - Disabled Veteran Business Enterprise Bid and Sole Source Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within the
					 time frames specified by the department's bid or sole source package, potential
					 contractors shall be required to provide the department with either (1) or (2)
					 below:
(1) Documentation, as required in the
					 department's bid or sole source package, that they have met the DVBE goal
					 established in the respective package which shall include, but not be limited to,
					 the names of their subcontractors; certification pursuant to section
					 3467; and dollar amounts of the
					 subcontracts.
(2) Documentation, as
					 required in the department's bid or sole source package, of their efforts as a
					 responsible bidder pursuant to section
					 3468 to meet the DVBE goal established
					 in the department's bid or sole source package.
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 5 - Personnel › Article 8 - Disabled Veteran Business Enterprise Program › Section 3467 - Certification of a Disabled Veteran Business Enterprise

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As specified
					 in the department's bid or sole source package, potential contractors shall be
					 required to provide the department with certification documentation that a business
					 concern is certified as a disabled veteran business enterprise as defined in Section
					 3000.
1. Renumbering
						of section 3477 to new section
						3467 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.
2.
						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.
3. Renumbering of section
						3477 to new section
						3467 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.
4.
						Renumbering of section
						3477 to new section
						3467 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.
5. 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: Section
						  5058, Penal Code;
						  and Section
						  10115.3(b),
						  Public Contract Code. Reference: Sections
						  2050-
						  2053 and
						  10115.1,
						  Public Contract 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 5 - Personnel › Article 8 - Disabled Veteran Business Enterprise Program › Section 3469 - Monitoring Disabled Veteran Business Enterprise Goals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 department shall monitor adherence to the disabled veteran business enterprise goal
					 established in Public Contract Code section
					 10155(c).
(b) Such monitoring may include, but is not
					 limited to, visiting sites and requiring reports from contractors on disabled
					 veteran business enterprise participation.
1. Renumbering
						of section 3479 to new section
						3469 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.
2.
						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.
3. Renumbering of section
						3479 to new section
						3469 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.
4.
						Renumbering of section
						3479 to new section
						3469 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.
5. 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: Section
						  5058, Penal Code;
						  and Section
						  10115.3(b),
						  Public Contract Code. Reference: Sections
						  10115 and
						  10115.3,
						  Public Contract 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 5 - Personnel › Article 9 - Joint Venture Program › Section 3470 - Joint Venture Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The secretary shall establish Joint Venture Program operations
						in state prison facilities pursuant to the Prison Inmate Labor Initiative of 1990
						(PILI). This program shall allow employers to employ inmates for the purpose of
						producing goods or services that may be sold to the public. The purpose of the
						program shall include preparing offenders for return to society by offering relevant
						job skills and work habits to increase success on parole, thereby benefiting society
						at large.
1. Renumbering
						of section 3480 to new section
						3470 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.
2.
						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.
3. Renumbering of section
						3480 to new section
						3470 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.
4.
						Renumbering of section
						3480 to new section
						3470 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.
5. 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
						  2717.3 and
						  5058, Penal Code.
						  Reference: Sections
						  2717.2 and
						  5058, 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 5 - Personnel › Article 9 - Joint Venture Program › Section 3471 - Joint Venture Policy Advisory Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Joint Venture Policy Advisory Board, established in the
						department by Penal Code section
						2717.4, shall serve
						to advise the secretary of policies that further the purposes of the Prison Inmate
						Labor Initiative of 1990. The board shall meet at the call of the chairperson. The
						secretary shall serve as the chairperson of the board.
1. Renumbering
						of section 3480.1 to new section
						3471 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.
2.
						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.
3. Renumbering of section
						3480.1 to new section
						3471 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.
4.
						Renumbering of section
						3480.1 to new section
						3471 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.
5. 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
						  2717.3 and
						  5058, Penal Code.
						  Reference: Sections
						  2717.4 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 5 - Personnel › Article 9 - Joint Venture Program › Section 3472 - Joint Venture Employer Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Joint
					 Venture Employer (JVE) shall be selected on the basis of their ability to further
					 the purpose of the PILI. The secretary shall consider the employer's ability to:
(1) Provide inmates with the means to reimburse
					 the state from earned wages for a portion of the cost of the inmate's room and
					 board.
(2) Provide inmates with the
					 means of paying restitution and compensation to the victims of crime from wages
					 earned.
(3) Employ inmates in productive
					 work and provide them with the opportunity to earn money while encouraging and
					 maintaining safe prison operations.
(4)
					 Provide inmates with the means to support their families to the extent
					 possible.
(5) Teach inmates skills and
					 work habits that may be used upon their release from prison by patterning the
					 operation after those operations outside of prison.
(6) Assist inmates in their
					 rehabilitation.
(7) Assist with
					 retaining or reclaiming jobs for California, supporting new or developing California
					 industries, or creating jobs for a deficient labor market as determined in
					 cooperation with the Employment Development Department.
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 5 - Personnel › Article 9 - Joint Venture Program › Section 3474 - Joint Venture Lease

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The State of
					 California, acting through the Department of General Services, with the approval of
					 the department, shall enter into a lease with all Joint Venture Employer
					 businesses.
(b) In addition to state
					 leasing requirements, each Joint Venture Program lease shall include, but not be
					 limited to, the following:
(1) Description of the
					 leased space.
(2) Lease terms.
(3) Rent to be paid to Department of General
					 Services.
(4) Utility rates.
(5) Maintenance of leased space.
(6) Prohibited/contraband items.
(7) Environmental Compliance.
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 5 - Personnel › Article 9 - Joint Venture Program › Section 3476 - Inmate Joint Venture Program Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmate
					 employment is "at will" and as such is at the discretion of the employer. The Joint
					 Venture Employer may lawfully terminate inmate-employees at any time with or without
					 cause but not for unlawful reasons. The department may remove inmate-employees from
					 participation in the Joint Venture Program at any time with or without
					 cause.
(b) As a condition of employment,
					 all inmate-employees agree to participate in random urine testing.
(c) Earned wages paid by the Joint Venture
					 Employer will be distributed to inmates by the department once a month, regardless
					 of the frequency the employer issues payroll.
(d) Inmate participation in the Joint Venture
					 Program shall be voluntary as evidenced by their written consent on the department's
					 form CDCR 1872, (Rev. 03/20) Inmate Participation Agreement -- Joint Venture Program
					 (JVP), which is hereby incorporated by reference. The Joint Venture Employer shall
					 provide to all inmates hired written information on the conditions of their
					 participation in the Joint Venture Program. Such information shall include, but not
					 be limited to:
(1) Hours of work and the
					 requirements that comparable wages be paid.
(2) Job description.
(3) Right to file complaints regarding claimed
					 violations of their rights under PC section
					 2717.8, relevant provisions of the
					 Labor Code, and applicable Industrial Welfare Commission Wage Orders.
(4) Inmates shall not be subject to retaliation,
					 as specified in Title 15, CCR, Section
					 3481(d), by the
					 department for their use of the administrative remedies process, to address Joint
					 Venture Employer-related matters. Neither the Joint Venture Employer nor the
					 department shall retaliate against inmates for exercising rights guaranteed under
					 the State Labor Code or elsewhere in law to address Joint Venture Employer-related
					 matters.
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 5 - Personnel › Article 9 - Joint Venture Program › Section 3478 - Good Faith Effort Documentation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
						and amendment of former section
						3477(b) to new section
						3478, new section heading, subsection
						(e) and NOTE filed 10-18-93 as an emergency; operative 10-18-93 (Register 93, No.
						43). A Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed
						3-16-94 (Register 94, No. 11).
3. Amendment filed 11-13-98 as an
						emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of Compliance
						must be transmitted to OAL by 3-15-99 or emergency language will be repealed by
						operation of law on the following day.
4. Certificate of Compliance as to
						11-13-98 order transmitted to OAL 2-10-99 and filed 3-8-99 (Register 99, No.
						11).
5. Renumbering of former section
						3478 to section
						3468 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.
6.
						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.
7. Renumbering of former section
						3478 to section
						3468 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.
8.
						Renumbering of former section
						3478 to section
						3468 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.
9. Certificate of Compliance as to 10-4-2021 order transmitted to
						OAL 1-27-2021 and filed 1-5-2022 (Register 2022, No. 1).
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 5 - Personnel › Article 9 - Joint Venture Program › Section 3479 - Monitoring Disabled Veteran Business Enterprise Goals. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 10-18-93 as an emergency; operative 10-18-93 (Register 93, No. 43). A
						Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed
						3-16-94 (Register 94, No. 11).
3. Amendment of section heading and
						section filed 11-13-98 as an emergency; operative 11-13-98 (Register 98, No. 46). A
						Certificate of Compliance must be transmitted to OAL by 3-15-99 or emergency
						language will be repealed by operation of law on the following day.
4.
						Certificate of Compliance as to 11-13-98 order transmitted to OAL 2-10-99 and filed
						3-8-99 (Register 99, No. 11).
5. Renumbering of former section
						3479 to section
						3469 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.
6.
						Renumbering of former section
						3479 to section
						3469 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.
						Renumbering of former section
						3479 to section
						3469 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 1-27-2021 and filed 1-5-2022 (Register 2022, No. 1).
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 5.1 - Inmate and Parolee Programs › Article 1 - Administrative Remedies for Inmates and Parolees › Section 3480 - Implementation Date and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 provisions of this Article shall apply to all inmate and parolee grievances received
					 by the Department of Corrections and Rehabilitation on or after January 5,
					 2022.
(b) For purposes of this article,
					 the following definitions shall apply:
(1)
					 "Administrative remedy" means the non-judicial process provided by the department to
					 address inmate and parolee complaints.
(2) "Appeal" means a written request from a
					 claimant for review by the Office of Appeals of a decision issued by the
					 Institutional or Regional Office of Grievances.
(3) "Appeal package" means a written appeal from a
					 claimant and all of its supporting documents.
(4) "Centralized Screening Team" refers to the
					 unit responsible for screening all claims to determine if the claim meets the
					 definition of "staff misconduct" or "routine claim" as defined in this
					 section.
(5) "Claim" means a single
					 complaint arising from a unique set of facts or circumstances.
(6) "Claimant" refers to an inmate or parolee
					 under the custody or control of the Department who files a grievance or appeal with
					 the Department.
(7) "Coordinator" means
					 the official responsible for the administrative functions of the Office of
					 Grievances or Office of Appeals, depending on their assignment.
(8) "Department" and "departmental staff" refers
					 exclusively to the Department of Corrections and Rehabilitation and to all
					 employees, contractors, and volunteers associated with the Department, unless
					 expressly excluded elsewhere in this article.
(9) "Grievance" means a written request from a
					 claimant for review by the Institutional or Regional Office of Grievances of one or
					 more claims.
(10) "Grievance package"
					 means a written grievance from a claimant and all of its supporting
					 documents.
(11) "Reviewing Authority"
					 means the official who oversees the Office of Grievances or Office of Appeals and
					 who is responsible for the overall quality and timeliness of the written response to
					 each claim raised in a grievance or appeal, respectively.
(12) "Routine claim" refers to any complaint
					 submitted by an inmate or parolee that does not involve a claim of staff misconduct
					 as defined in this section.
(13) "Staff
					 misconduct" refers to behavior that resulted in a violation of law, regulation,
					 policy, or procedure, or actions contrary to an ethical or professional
					 standard.
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 5.1 - Inmate and Parolee Programs › Article 1 - Administrative Remedies for Inmates and Parolees › Section 3480.1 - Joint Venture Policy Advisory Board. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
						and amendment of former section
						3480 to new section
						3480.1 filed 9-13-2005; operative
						9-13-2005 pursuant to Government Code section
						11343.4
						(Register 2005, No. 37).
2. Renumbering of 3480.1 to section
						3471 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.
3.
						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.
4. Renumbering of 3480.1 to section
						3471 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.
5.
						Renumbering of 3480.1 to section
						3471 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.
6. Certificate of Compliance as to 10-4-2021 order, including
						further amendment of subsection (d)(6), transmitted to OAL 12-7-2021 and filed
						1-5-2022; amendments operative 1-5-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 1).
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 5.1 - Inmate and Parolee Programs › Article 1 - Administrative Remedies for Inmates and Parolees › Section 3481 - Claimant's Ability to Grieve and to Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A claimant
					 has the ability to submit a written grievance to the department containing one or
					 more claims, subject to the requirements in section
					 3482, to dispute a policy, decision,
					 action, condition, or omission by the department or departmental staff. In response,
					 a claimant shall receive a written decision, as described in section
					 3483, from an Institutional Office of
					 Grievances in the Division of Adult Institutions or a Regional Office of Grievances
					 in the Division of Adult Parole Operations, clearly explaining the reasoning for the
					 decision in each claim. A claimant also has the ability to submit a written appeal
					 concerning one or more claims, subject to the requirements in section
					 3484, to dispute the decision by the
					 Institutional or Regional Office of Grievances. In response, a claimant shall
					 receive a written decision as described in section
					 3485 from the Office of Appeals clearly
					 explaining the reasoning for the decision in each claim.
(b) Reviewing Authorities.
(1) The Institutional Reviewing Authorities
					 authorized to grant or deny routine claims in a grievance received by an inmate
					 shall be of a rank no lower than a Chief Deputy Warden. The Director of the Division
					 of Adult Institutions may also authorize an Associate Warden to serve as an
					 Institutional Reviewing Authority. This authorization shall be in writing and shall
					 indicate the start date and end date of the assignment.
(2) The Regional Reviewing Authorities authorized
					 to grant or deny routine claims in a grievance submitted by a parolee shall be of a
					 rank no lower than a Chief Deputy Parole Administrator. The Director of the Division
					 of Adult Parole Operations may also authorize an Assistant Regional Administrator to
					 serve as a Regional Reviewing Authority. This authorization shall be in writing and
					 shall indicate the start date and end date of the assignment.
(3) The Secretary shall appoint the Reviewing
					 Authority authorized to grant or deny each claim in an appeal submitted by an inmate
					 or a parolee, but in no case shall that official be of a rank lower than the
					 Associate Director of the Office of Appeals. The Secretary may also authorize the
					 Associate Warden of the Office of Appeals to serve as a Reviewing Authority. This
					 authorization shall be in writing and shall indicate the start date and end date of
					 the assignment
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 5.1 - Inmate and Parolee Programs › Article 1 - Administrative Remedies for Inmates and Parolees › Section 3482 - Preparation and Submittal of a Grievance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where to
					 submit a grievance.
(1) An inmate who wishes to
					 submit a grievance shall do so in writing to the Institutional Office of Grievances
					 at the prison, or to the Institutional Office of Grievances designated for the
					 re-entry facility or fire camp where they are housed. Every Warden, in consultation
					 with the Director of the Division of Adult Institutions, shall issue a separate
					 local rule in compliance with subdivision (c) of section
					 5058 of the Penal
					 Code which shall be made available in all the law libraries at that institution,
					 identifying the address where grievances may be mailed, the availability of
					 electronic kiosks or tablets for submitting grievances, the physical location in
					 each housing unit of all lock-boxes where grievances may be submitted, and the
					 specific departmental staff permitted to collect grievances from those lock-boxes.
					 Grievances shall be collected from lock-boxes at least once per business day by
					 departmental staff not regularly assigned to that housing unit. Additional local
					 processes and procedures regarding the preparation and submittal of a grievance may
					 be promulgated by the Division of Adult Institutions so long as they are consistent
					 with this Article, pursuant to Penal Code section
					 5058(c)(1).
(2) A parolee who wishes to submit a grievance
					 shall do so in writing to the Regional Office of Grievances in the parole region
					 where they are supervised. Every Regional Parole Administrator, in consultation with
					 the Director of the Division of Adult Parole Operations, shall issue a written
					 advisement to a parolee within 15 calendar days of the parolee's release from prison
					 identifying the address where grievances may be mailed, the availability of
					 electronic kiosks or tablets for submitting grievances, and the physical location
					 where grievances may be submitted. Additional local processes and procedures
					 regarding the preparation and submittal of a grievance may be promulgated by the
					 Division of Adult Parole Operations so long as they are consistent with this
					 Article, pursuant to Penal Code section
					 5058(c)(1).
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 5.1 - Inmate and Parolee Programs › Article 1 - Administrative Remedies for Inmates and Parolees › Section 3484 - Preparation and Submittal of an Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A claimant
					 who wishes to appeal the written grievance decision or remedy provided by an
					 Institutional or Regional Office of Grievances concerning one or more claims they
					 previously submitted in a grievance shall do so in writing by regular mail sent to
					 the "Office of Appeals, Department of Corrections and Rehabilitation, P.O. Box
					 942883, Sacramento, California 95811" or by electronic kiosk or tablet, if
					 available. Correspondence directed to this address shall not be opened by any
					 departmental staff other than those in the Office of Appeals.
(b) Time constraints.
(1) A claimant who wishes to appeal a grievance
					 decision found in subsections
					 3483(g)(1) through
					 3483(g)(6) shall
					 submit an appeal within 60 calendar days of discovering the decision by the
					 institutional or Regional Office of Grievances. Discovery occurs when a claimant
					 knew or should have reasonably known of the decision.
(2) The time limit for a parolee to submit an
					 appeal shall not be extended while on suspended status, meaning the parolee has
					 absconded.
(3) The time constraint to
					 submit an appeal of a claim shall be extended for the period of time that a claimant
					 is:
(A) in the custody of another authority for
					 court proceedings;
(B) in the care of an
					 outside hospital;
(C) temporarily housed
					 in a medical or mental health crisis bed; or
(D) actively and directly engaged in fire
					 suppression.