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 2 - Security › Section 3275 - Weapons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Only such
					 weaponry as has been approved by the Secretary for department-wide use, or for use
					 only by designated jurisdictions of the department, shall be issued/assigned to an
					 employee or carried/used by an employee while on duty. For the purpose of this
					 section, weaponry includes any offensive or defensive lethal or less lethal device.
					 Employees assigned to facilities or work locations where inmates/parolees are
					 located, or in the supervision of inmates/parolees in the community, shall not have
					 accessible, carry or use any privately owned weaponry while on duty, except as
					 authorized by the Secretary.
(b) No
					 weaponry of any kind shall be taken into the security areas of an institution where
					 inmates/parolees are located except for emergency use as ordered by the official in
					 charge, or for use in regularly armed posts as prescribed in local procedures or
					 post orders.
(c) All necessary
					 precautions shall be taken in the storage, use and movement of weaponry to prevent
					 it from falling into the hands of inmates, parolees or other unauthorized
					 persons.
1. Amendment
						filed 9-24-81; effective thirtieth day thereafter (Register 81, No.
						39).
2. Amendment 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						or emergency language will be repealed by operation of law on the following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. Amendment of subsection (a) filed 3-28-95 as an emergency;
						operative 3-28-95 for 160 days pursuant to Penal Code §
												5058(e)
						(Register 95, No. 13). A Certificate of Compliance must be transmitted to OAL by
						9-4-95 or emergency language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to orders of 1-3-95 and 3-28-95
						including amendment of subsection (a) and NOTE transmitted to OAL 6-12-95 and filed
						7-24-95 (Register 95, No. 30).
5. 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).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  803.5,
						  5054,
						  4574, 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 2 - Security › Section 3277 - Use of Tear Gas. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment of
						subsection (a) filed 5-28-76 as an emergency; designated effective 7-1-76 (Register
						76, No. 19).
2. Certificate of Compliance filed 7-29-76 (Register 76, No.
						31).
3. Amendment filed 3-22-78; effective thirtieth day thereafter
						(Register 78, No. 12).
4. Amendment of Subsection (a) filed 8-7-80 as an
						emergency; effective upon filing (Register 80, No. 32). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be repealed on
						12-7-80.
5. Certificate of Compliance filed 12-5-80 (Register 80, No.
						49).
6. Amendment of subsections (a)(1) and (a)(3), repealer of
						subsections (a)(4)-(a)(4)(F)5., amendment of subsections (b), (b)(1) and (b)(3)-(4),
						and repealer of subsection (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.
7. Certificate of Compliance as to 1-3-95 order including amendment
						of subsections (a)(3), (b)(1), (b)(3), and (b)(4) transmitted to OAL 6-12-95 and
						filed 7-24-95 (Register 95, No. 30).
8. Repealer filed 3-12-99 as an
						emergency; operative 4-1-99 (Register 99, No. 11). A Certificate of Compliance must
						be transmitted to OAL by 9-8-99 or emergency language will be repealed by operation
						of law on the following day pursuant to Penal Code section
						5058(e)(1).
9.
						Editorial correction amending HISTORY 8 (Register 99, No. 26).
10.
						Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and filed
						10-20-99 (Register 99, No. 43).
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 2 - Security › Section 3278 - Control of Inmates and Parolees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees who supervise inmates or parolees must have training
						in physical controls, use of restraint equipment, and keep themselves in good
						physical condition. In addition, all employees who supervise inmates must have
						training designed to give them knowledge of emotional disturbances common to inmates
						and parolees, and understanding of their own feelings, and the use of such knowledge
						in ways which will minimize the need for the use of physical force. Batons may be
						carried only as specifically authorized by the Secretary.
Comment: Former DP-4209, control of inmates.
1. Change
						without regulatory effect amending section and adding NOTE filed 3-11-2013 pursuant
						to section 100, title 1, California Code of
						Regulations (Register 2013, No. 11).
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 2 - Security › Section 3279 - Use of Force. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
						filed 3-12-99 as an emergency; operative 4-1-99 (Register 99, No. 11). A Certificate
						of Compliance must be transmitted to OAL by 9-8-99 or emergency language will be
						repealed by operation of law on the following day pursuant to Penal Code section
						5058(e)(1).
2.
						Editorial correction amending HISTORY 1 (Register 99, No. 26).
3.
						Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and filed
						10-20-99 (Register 99, No. 43).
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 2 - Security › Section 3280 - Mechanical Restraint. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment of
						subsections (a)(2) and (c) filed 5-28-76 as an emergency; designated effective
						7-1-76 (Register 76, No. 19).
2. Certificate of Compliance filed 7-29-76
						(Register 76, No. 31).
3. Amendment of subsection (b) filed 3-22-78;
						effective thirtieth day thereafter (Register 78, No. 12).
4. Amendment
						filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
5. Editorial
						correction of printing errors in subsections (b) and (c) and HISTORY (Register 92,
						No. 5).
6. Change without regulatory effect amending subsection (a)(2)
						filed 1-20-93 pursuant to section
						100, title 1, California Code of
						Regulations (Register 93, No. 4).
7. Renumbering of former section
						3280 to new section
						3268.2 filed 3-12-99 as an emergency;
						operative 4-1-99 (Register 99, No. 11). A Certificate of Compliance must be
						transmitted to OAL by 9-8-99 or emergency language will be repealed by operation of
						law on the following day pursuant to Penal Code section
						5058(e)(1).
8.
						Editorial correction amending HISTORY 7 (Register 99, No. 26).
9.
						Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and filed
						10-20-99 (Register 99, No. 43).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2650,
						  2652 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 2 - Security › Section 3281 - Corporal Punishment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
						filed 3-12-99 as an emergency; operative 4-1-99 (Register 99, No. 11). A Certificate
						of Compliance must be transmitted to OAL by 9-8-99 or emergency language will be
						repealed by operation of law on the following day pursuant to Penal Code section
						5058(e)(1).
2.
						Editorial correction amending HISTORY 1 (Register 99, No. 26).
3.
						Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and filed
						10-20-99 (Register 99, No. 43).
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 2 - Security › Section 3282 - Use of Telephones by Inmates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes
					 of this section:
(1) An "emergency call" means a
					 telephone call regarding the serious illness or injury, or the death of an inmate's
					 immediate family member.
(2) A
					 "confidential call" means a telephone call between an inmate and his/her attorney
					 which both parties intend to be private.
(3) An "inmate telephone" means a telephone
					 designated solely to accommodate inmate-originated nonconfidential personal
					 calls.
(4) An "intrafacility telephone"
					 means a telephone which is not capable of direct-dial connections to telephones
					 outside of the facility.
(5) A "prison
					 telephone" means a telephone that is capable of outside access and is not monitored
					 or recorded.
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 2 - Security › Section 3283 - Unauthorized Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Persons must not be permitted to be on institution grounds or
						in community correctional centers without a legitimate purpose for being there, nor
						shall persons be allowed to contact inmates without authorization to do so.
Comment: Former DP-4214, unauthorized persons.
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 2 - Security › Section 3284 - Unattended Vehicles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Ignition switches must be locked and keys must not be left in
						any unattended vehicle on institution or community correctional center grounds.
						Under no circumstances may alcoholic beverages, drugs, firearms, toy guns,
						ammunition, or other items which are illegal or threaten the security of the
						institution be left in any unattended vehicle on institution or community
						correctional center grounds.
Comment: Former DP-4215, unattended vehicles.
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 2 - Security › Section 3285 - Association with Inmates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Persons who are not department employees, but who work with or
						near inmates are to be informed of the laws and regulations governing association
						with prison inmates. Such persons will be given, and be asked to read and
						acknowledge receipt of, Primary Laws, Rules, and Regulations Regarding Conduct and
						Association with State Prison Inmates, CDC Form 181.
1. Amendment
						filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
						9).
2. Change without regulatory effect amending section and adding NOTE
						filed 5-7-98 pursuant to section
						100, title 1, California Code of
						Regulations (Register 98, No. 19).
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 2 - Security › Section 3286 - Controlling and Reporting Fights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When inmates fight, the participants must be separated at
						once. The participants will be placed in detention, unless in the judgment of a
						superior officer circumstances do not warrant such action. Employees who observe the
						fight will prepare a written report stating clearly everything they observed, and
						will submit this report to the disciplinary officer. The employee who renders the
						report should, if possible, state who was the aggressor. The report will include the
						time, place, names of participants, name(s) of aggressor(s), the reason for the
						fight if it can be ascertained, weapons used if any, names of witnesses, action
						taken if any, and recommendations to prevent further recurrences.
Comment: Former DP-4217, controlling and reporting
						fights.
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 2 - Security › Section 3287 - Cell, Property, and Body Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Insofar as
					 possible, a cell, room, or dormitory bed area and locker will be thoroughly
					 inspected immediately upon its vacancy and again, if there is a significant time
					 lapse, before another inmate is assigned to the same cell, room or dormitory bed and
					 locker. Such inspections are required and must be recorded for restricted housing
					 unit and isolation cells. The purpose of such inspections is to fix responsibility
					 or the absence of responsibility for security and safety hazards and serious
					 contraband found in the cell, room or dormitory area.
(1) Occupied cells, rooms and dormitory areas,
					 including fixtures and lockers, and any personal and state-issued property of the
					 occupant will be inspected on an infrequent and unscheduled basis. More frequent
					 inspections will be conducted in specialized housing units, depending upon the
					 security requirements of the unit and the risk an individual inmate presents to that
					 security.
(2) Cell and property
					 inspections are necessary in order to detect and control serious contraband and to
					 maintain institution security. Such inspections will not be used as a punitive
					 measure nor to harass an inmate. Every reasonable precaution will be taken to avoid
					 damage to personal property and to leave the inmate's quarters and property in good
					 order upon completion of the inspection.
(3) An inmate's presence is not required during
					 routine inspections of living quarters and property when the inmate is not or would
					 not otherwise be present. During special inspections or searches initiated because
					 the inmate is suspected of having a specific item or items of contraband in his or
					 her quarters or property, the inmate should be permitted to observe the search when
					 it is reasonably possible and safe to do so.
(4) The inmate will be given a written notice for
					 any item(s) of personal and authorized state-issued property removed from his or her
					 quarters during an inspection and the disposition made of such property. The notice
					 will also list any contraband picked up or any breach of security noted during the
					 inspection, and the follow-up action intended by the inspecting
					 officer.
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 2 - Security › Section 3288 - Notice to the Public, Employees and Inmates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Warning
					 signs will be posted at the entrance to all public and business roadways onto the
					 grounds of institutions, camps and other department facilities where inmates or
					 parolees are housed, and at all sallyports and pedestrian entrances into such
					 facilities. The signs will be in both English and Spanish and will, at a minimum,
					 display the following information:
(1) The name of
					 the institution, camp or facility, and the fact that it is a facility of the
					 California Department of Corrections and Rehabilitation.
(2) The items that cannot be brought onto
					 institution grounds. Model language: It is unlawful to bring alcohol, drugs,
					 weapons, explosives, tear gas or tear gas weapons onto prison property.
(3) A warning that entrance on the property
					 constitutes consent to be searched. Model language: By entering these grounds you
					 consent to the search of your person, property and vehicle.
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 2 - Security › Section 3289 - Trespass

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All areas of
					 institutions including buildings and grounds are closed to the general public,
					 including employees of the department during their off duty hours, at all times
					 except for the purpose of conducting lawful business and engaging in activities
					 authorized in advance by the warden, superintendent or official in charge. Entry on
					 institution property for unauthorized purposes will be considered trespass as
					 provided in Section
					 602
					 (j) of the Penal Code.
(b) Without regard for the reasons an individual
					 or group may have entered institution property, refusal or failure to leave the
					 property when requested to do so by the warden, superintendent, official in charge
					 or by an official authorized to act for the warden, superintendent or official in
					 charge, will be considered trespass as provided in Section
					 602
					 (p) of the Penal Code.
1. New section
						filed 8-3-78 as an emergency; effective upon filing (Register 78, No.
						31).
2. Certificate of Compliance filed 11-21-78 (Register 78, No.
						47).
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 2 - Security › Section 3290 - Methods for Testing of Controlled Substances or for Use of Alcohol

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 department shall prescribe the products, equipment, and methods for testing
					 suspected controlled substances or for the use of alcohol. "Field" or on-site
					 testing shall be conducted only by trained personnel.
(b) Field tests may be performed on any suspected
					 substance found on institution property or in the possession or under the control of
					 any inmate, or in the possession or under the control of persons other than inmates
					 who come on institution property. Field tests of urine samples may be performed as a
					 screening process prior to laboratory testing.
(c) The securing of a urine sample from an inmate,
					 for the purpose of testing for the presence of controlled substances or for use of
					 alcohol may be done for the following reasons:
(1)
					 When there is reasonable suspicion to believe the inmate has possessed, distributed,
					 used, or is under the influence of a controlled substance or alcohol.
(2) When mandatory random testing is known to the
					 inmate to be a condition for the inmate's participation in a specific program,
					 assignment, or activity.
(3) As part of
					 an authorized disposition of a disciplinary hearing.
(4) The inmate is selected by the department's
					 mandatory standardized random drug testing selection process.
(A) A small percentage of inmates will be randomly
					 selected at predetermined regular intervals (e.g. weekly) from a data file produced
					 from the department's Strategic Offender Management System.
(B) Inmates shall be tested each time they are
					 selected; however, shall not be subject to additional disciplinary action for a
					 positive test if that positive test is cumulative evidence of a previously charged
					 disciplinary action.
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 2 - Security › Section 3292 - Arrest and Detention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is the
					 policy of the department to arrest and detain civilians only when their unlawful
					 actions or activities present an immediate and significant threat to the custody and
					 control of inmates, parolees, employees and the public.
(b) It is the policy of the department to only
					 effect the arrest and detention of a civilian when there is sufficient cause to
					 believe that the individual's unlawful action or activity is deliberate and intended
					 for a purpose described in (a). Suspicion of unlawful actions or activities will not
					 be cause for the arrest and detention of an individual, but may be cause for
					 ordering or escorting the individual off departmental property or institution
					 grounds, and for referral to local authorities.
(c) Wardens, superintendents and administrators of
					 institutions and facilities which house inmates or parolees will establish and
					 maintain up-to-date local procedures reflecting the policies set forth in this
					 section. Such local procedures will include provisions for informing individuals of
					 their rights and for referral of cases to local authorities. Such procedures will be
					 reviewed annually by the administrator, and will be made available for departmental
					 audit and for inspection as a public record when requested.
1. New section
						filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
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 2 - Security › Section 3293 - Polygraph and Computer Voice Stress Analyzer Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Polygraph
					 examinations may be administered by departmental staff to inmates, parolees, and
					 employees in the course of an investigation of official matters, under the following
					 conditions:
(1) The examinee has, without
					 coercion, signed a written statement of consent to the examination.
(2) The polygraph examiner is a Office of
					 Correctional Safety staff member.
(3)
					 The Assistant Secretary or designee, Office of Correctional Safety, has approved the
					 examination.
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 2 - Security › Section 3294.1 - Inmate Operation of a Motor Vehicles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding provisions of the Vehicle Code, inmates shall
						not drive any vehicle on a public road except in extreme emergency, when taking a
						Department of Motor Vehicles' Driver's test, or when their use of a personal vehicle
						is specifically authorized. Inmates may drive a state vehicle on off highway work
						projects or on facility grounds only when specifically authorized by staff or by the
						inmate's work supervisor.
1. Renumbering
						of former section
						3073 to new section
						3294.1, including amendment of section
						and section heading filed 10-27-93; operative 11-26-93 (Register 93, No. 44).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  4570 and
						  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 2 - Security › Section 3294.5 - Inmate and Parolee Name Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An inmate or
					 parolee who wishes to petition the court for a legal name change shall submit a CDCR
					 Form 2010 ( 
					 06/18 ). Notice of
					 Legal Name Change Petition. which is incorporated by reference, with a copy of all
					 documents submitted to the court to the Warden or Regional Parole Administrator
					 (RPA) at the time the petition is submitted to the court.
(b) Upon receipt from the court, the inmate or
					 parolee shall provide a copy of the Order to Show Cause (OSC) to the Warden or RPA
					 within three calendar days of receipt.
(c) Upon receipt of the CDCR 2010 by the Warden or
					 RPA, a Correctional Counselor (CC) II or the Division of Adult Parole Operations
					 (DAPO) Regional Litigation Coordinator shall be assigned to conduct a review of the
					 inmate or parolee's records. Within ten business days of receipt, the assigned CC II
					 or DAPO Regional Litigation Coordinator shall document their review in a memorandum
					 with a recommendation provided on the CDCR Form 2010 to the Warden or RPA. This
					 review shall include the research, evaluation, and documentation of the following:
(1) Commitment offense(s).
(2) Whether the inmate of parollee is required to
					 register pursuant to Penal Code Section
					 290.
(3) Identification of victim(s) name(s).
(4) Whether the requested name is offensive (for
					 example. racial epithets, vulgar, or a racial slur) or could be disruptive in an
					 institution setting.
(5) Whether there
					 is documentation indicating the request is intended for a fraudulent
					 purpose.
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 3 - Escapes › Section 3295 - Duty of Employees to Prevent Escapes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the duty of every employee to do everything possible to
						prevent the escape of an inmate.
Comment: Former DP-4301, duty of employees to prevent
						escapes.
1. Renumbering
						of Section 3290 to Section
						3295 filed 8-18-78; effective thirtieth
						day thereafter (Register 78, No. 33).
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 3 - Escapes › Section 3296 - Escape Pursuit Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each warden must have in effect at all times a plan of
						operations for the reporting of escapes, and for the pursuit and apprehension of
						escapees. Each employee must be instructed in the general and special procedures
						that he or she is to follow. Such plans must be in writing and be reviewed annually
						by the warden.
1. Renumbering
						of Section 3291 to Section
						3296 filed 8-18-78; effective thirtieth
						day thereafter (Register 78, No. 33).
2. Amendment of section and new
						NOTE filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
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 3 - Escapes › Section 3297 - Air Space Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Staff and
					 inmates shall be notified and warning signs posted to indicate that any inmate who
					 without authorization moves toward an aircraft on or near facility property may be
					 fired upon to prevent an escape.
(b) If
					 an aircraft enters a facility's air space for an apparent escape attempt, staff
					 shall act to prevent any escape.
(1) Firearms
					 shall not be used to bring down or disable an aircraft in flight.
(2) If the aircraft is on the ground on or near
					 facility property, staff shall take any action necessary, including use of firearms,
					 to disable the aircraft.
(3) Return fire
					 may be directed at an attacker within an aircraft if no other means is available to
					 save the lives of innocent or uninvolved persons.
(4) Inmate failure to comply with orders to move
					 away from any grounded aircraft shall be considered an attempt to
					 escape.
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 4 - Disorders and Emergencies › Section 3300 - Prevention of Disorders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is the duty of every employee to do everything possible to
						prevent disorders. Each employee must be trained to be familiar with the procedures
						for handling disorders. Disorders and other emergencies must be reported to
						supervisory staff at the earliest possible moment. Whenever a disorder occurs, a
						prompt investigation will be made by the warden.
1. Amendment of
						section and new NOTE filed 5-26-2011; operative 6-25-2011 (Register 2011, No.
						21).
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 4 - Disorders and Emergencies › Section 3301 - Emergency Operations Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each warden must have in effect at all times an Emergency
						Operations Plan, approved by the Emergency Planning and Management Unit, to assist
						in the preparation for response to and recovery from "All Hazards" incidents. All
						hazards incidents are defined as any natural or manmade disasters or accidents that
						may significantly disrupt institutional operations or programs.
1. Amendment of
						section heading and section and new NOTE filed 5-26-2011; operative 6-25-2011
						(Register 2011, No. 21).
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 4 - Disorders and Emergencies › Section 3302 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
						filed 3-22-78; effective thirtieth day thereafter (Register 78, No.
						12).
2. Repealer filed 5-26-2011; operative 6-25-2011 (Register 2011, No.
						21).
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 4 - Disorders and Emergencies › Section 3303 - Safety and Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Institution heads shall maintain procedures for controlling
						the following safety and security hazards within facilities:
(a) Fire prevention and suppression.
(1) Mattresses, cushions, and pads shall not be
					 used in the living areas of departmental facilities unless they are certified by the
					 manufacturer as meeting the bureau of home furnishings' Technical Information
					 Bulletin Number 121.
(2) Noncombustible
					 receptacles shall be provided in inmate living areas for disposal of such forms of
					 refuse as cans, paper, and dust, and the disposal of flammable liquids and rags
					 shall be in accordance with the uniform fire code.
(3) Facilities with female inmates shall have a
					 complement of female firefighters assigned to its fire department.
(4) Staff and inmates shall be familiar with fire
					 evacuation routes, exits, and procedures. An evacuation drill shall be conducted
					 quarterly on each watch. Where such drill would jeopardize personal safety or
					 facility security, staff shall conduct a walk-through of the procedures.
(5) A facility's mutual aid participation shall
					 not jeopardize the facility or violate minimum safety standards.
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 4 - Disorders and Emergencies › Technical Bulletin 121

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click here
						to view image
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 4 - Disorders and Emergencies › Section 3304 - Hostages

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees must not permit inmates or others to use hostages to
						escape from custody or otherwise interfere with orderly institutional operations.
						Hostages will not be recognized for bargaining purposes. All inmates, visitors and
						staff will be informed of this regulation.
Comment: Former DP-4405, hostages.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 5 - Inmate Discipline › Section 3311 - Reporting Rule Violations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
						filed 2-15-80; effective thirtieth day thereafter (Register 80, No.
						7).
2. Repealer filed 5-5-95; operative 6-5-95 (Register 95, No.
						18).
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 5 - Inmate Discipline › Section 3313 - Classification of Rules Violation Report and Notice of Pending Charges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each RVR
					 shall be classified by designated staff not below the level required to conduct
					 serious disciplinary hearings. Exception: In facilities with only one individual at
					 the rank of correctional lieutenant or higher, an experienced correctional sergeant
					 may classify rule violations.
Reports shall be classified as administrative or serious
						pursuant to sections
						3314 and
						3315.
(1) A CDC Form 804 (Rev. 08/00), Notice of Pending
					 CDC-115, shall be completed by the classifying official and forwarded to Case
					 Records within 48 hours of the inmate being charged with a serious level offense
					 (Division "F" through "A-1").
(A) For parole
					 violators who are charged with any Division "A", "B", or "C" offense, or any inmate
					 who refuses to sign general and/or special conditions of parole or any form required
					 by the Department of Justice explaining his/her responsibility to register under
					 Penal Code section
					 290, Case Records
					 staff shall ensure that the CDC Form 804 is expedited to the Classification and
					 Parole Representative to ensure revocation or revocation extension processes are
					 initiated.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 5 - Inmate Discipline › Section 3314 - Administrative Rule Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Inmate
					 misconduct reported on a RVR shall be classified administrative if:
(1) The misconduct does not constitute a
					 misdemeanor offense, except as provided in (3) below.
(2) It does not involve any of the following
					 circumstances:
(A) The use or threat of force or
					 violence against another person.
(B) A
					 breach of or hazard to facility security.
(C) A serious disruption of facility
					 operations.
(D) The introduction, use,
					 or possession of controlled substances or alcohol.
(E) Possession of dangerous contraband.
(F) Continued failure to meet program
					 expectations.
(G) Any felony
					 offense.
(3) Administrative
					 rule violations include but are not limited to:
(A) Possession of property, materials, items, or
					 substances in excess of authorized limits, or possession of contraband other than
					 controlled substances or dangerous contraband.
(B) Misuse of food.
(C) Out-of-bounds presenting no threat to facility
					 security.
(D) Misuse of telephone
					 privileges presenting no threat to facility security.
(E) Mail or visiting violations presenting no
					 threat to facility security.
(F) Failure
					 to meet work or program expectations within the inmate's abilities.
(G) Late for or absent without authorization from
					 a work or program assignment.
(H) Use of
					 vulgar or obscene language.
(I) Failure
					 to follow an itinerary when on temporary community leave from a community-access
					 facility.
(J) Under the influence (use)
					 of alcoholic beverages, drugs, or intoxicants in a community-access
					 facility.
(K) Failure to comply with
					 departmental grooming standards.
(L)
					 Security Threat Group (STG) Contraband: Possessing or displaying any distinctive
					 materials, certified symbols, clothing, signs, artwork, photographs, or other
					 paraphernalia associated with any Security Threat Group as defined in Section
					 3000. Examples of these materials are
					 identified in Section
					 3378.4.
(M) Security Threat Group (STG) Behavior:
					 Demonstrating or exhibiting any unique behaviors clearly associated with a STG that
					 promotes, furthers or assists any Security Threat Group; as defined in Section
					 3000. Examples of these behaviors are
					 identified in section
					 3378.4.
(N) Possession or constructive possession of
					 another inmate's authorized wireless communication
					 device.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 5 - Inmate Discipline › Section 3316 - Referral for Criminal Prosecution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
					 provided in subsection (b), all criminal misconduct by persons under the
					 jurisdiction of the department or occurring on facility property shall be referred
					 by the institution head or designee to appropriate authorities for possible
					 investigation and prosecution when there is evidence substantiating each of the
					 elements of the crime to be charged.
(1) Referrals
					 for investigation of inmate criminal misconduct shall be accompanied by a JUS Form
					 8715 (Rev. 6/88) Department of Justice Disposition of Arrest and Court
					 Action.
(2) The authority to whom a case
					 is referred shall be asked to provide the institution head or designee with written
					 notification within ten working days advising if prosecution shall be
					 initiated.
(3) Inmates shall be notified
					 in writing when misconduct is referred for possible prosecution.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 5 - Inmate Discipline › Section 3317 - Mental Health Assessments for Disciplinary Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Mental
					 Health Assessment is a means to incorporate clinical input into the disciplinary
					 process when mental illness or developmental disability/cognitive or adaptive
					 functioning deficits may have contributed to behavior resulting in a Rules Violation
					 Report. Mental Health Assessments shall be considered by the hearing officer or
					 senior hearing officer during disciplinary proceedings when determining whether an
					 inmate shall be disciplined and when determining the appropriate method of
					 discipline.
(b) Inmates who are alleged
					 to have committed a Rules Violation shall receive a Mental Health Assessment, via
					 completion of CDCR Form 115-MH-A (12/15), Rules Violation Report: Mental Health
					 Assessment, which is incorporated by reference, for any of the following reasons:
(1) Inmate is a participant in the Mental Health
					 Services Delivery System (MHSDS) at the Enhanced Outpatient Program (EOP) level of
					 care.
(2) Inmate is a participant in the
					 MHSDS at the Mental Health Crisis Bed (MHCB) level of care.
(3) Inmate is a participant in the MHSDS at the
					 Psychiatric Inpatient Program, Acute Psychiatric Program or Intermediate Care
					 Facility level of care.
(4) Inmate is a
					 participant in the MHSDS at the Correctional Clinical Case Management System (CCCMS)
					 level of care and has been charged with a Division A, B or C offense or any other
					 rules violation which may result in the assessment of a Restricted Housing Unit term
					 as defined in Section
					 3337, subsection (g).
(5) Inmate is a participant in the Developmental
					 Disability Program (DDP) designated as DD1, DD2 or DD3.
(6) Inmate engaged in Indecent Exposure or Sexual
					 Disorderly Conduct.
(7) Inmate displayed
					 behavior that was bizarre or unusual for any inmate or uncharacteristic for the
					 particular inmate at the time of the offense.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 5 - Inmate Discipline › Section 3317.1 - Documenting Rules Violations in an Alternate Manner for Inmates in the Mental Health Services Delivery System or the Developmental Disability Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
					 inmate's behavior was so strongly influenced by symptoms of mental illness or
					 developmental disability/cognitive or adaptive functioning deficits at the time the
					 rules violation occurred, mental health staff may recommend via the CDCR Form
					 115-MH-A that the inmate would be better served by having the behavior documented in
					 an alternate manner. The Captain shall review the Rules Violation Report (RVR) and
					 all other documents and information relevant to the charge, as well as the
					 recommendation offered by the clinician on the CDCR Form 115-MH-A.
(b) Based on his or her review, the Captain shall
					 do one of the following:
(1) If the Captain does
					 not agree with the clinician's recommendation, the Captain shall document his or her
					 reasoning for proceeding with the disciplinary hearing on a CDC Form 128-B. The
					 hearing officer shall proceed with hearing the Rules Violation Report as serious or
					 administrative based on the nature of the specific charge(s). A copy of the CDC Form
					 128-B shall be attached to the RVR and forwarded to the hearing officer for
					 adjudication. A copy of the CDC Form 128-B shall be issued to the inmate no less
					 than 24 hours prior to a hearing.
(2) If
					 the Captain agrees with the clinician's recommendation, the Captain shall either;
					 reduce the level of the RVR on a Counseling Only Rules Violation Report for minor
					 misconduct, or void the RVR and document the behavior via a CDC Form
					 128-B.