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 7 - Restricted Housing › Section 3336 - Administrative Review of Restricted Housing Unit Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose
					 of the administrative review is to determine if the reason(s) for restricted housing
					 placement is appropriate and whether continued restricted housing status retention
					 is necessary, in accordance with the provisions of this article.
(b) An inmate's restricted housing placement shall
					 be reviewed for retention or release by staff at the level of Captain, Correctional
					 Counselor III (CCIII), or higher on the first business day following such placement.
					 The review shall include the inmate's case factors, reason(s) for restricted
					 housing, and an interview with the inmate unless the inmate refuses to participate.
(1) Administrative reviews shall not be conducted
					 by the staff member who authorized the initial restricted housing
					 placement.
(2) An acting Captain in an
					 official out of class assignment may conduct an administrative review; however, if
					 the acting Captain is not in an official out-of-class assignment, an Associate
					 Warden (AW) shall conduct a subsequent review that same day. If the reviewing AW is
					 also in an acting capacity, their permanent rank shall be no lower than Captain or
					 CCIII.
(3) When required, the
					 Administrative Reviewer shall document the need for effective communication
					 accommodation or assistance, the provision of any assistance provided that is
					 consistent with the inmate's disability or communication need, the method staff used
					 to determine the inmate understood, and documentation of the presence of a Staff
					 Assistant (SA) when required.
(4) The
					 inmate shall be released to the GP if the Administrative Reviewer deems continued
					 restricted housing placement unnecessary.
(5) When releasing or rescinding an initial
					 restricted housing placement prior to the initial Institution Classification
					 Committee (ICC), prior to release, the releasing authority shall:
(A) Consult with the Captain or designee from the
					 facility where the inmate is to be housed.
(B) Document the reason(s) for the decision on the
					 automated Restricted Housing Unit Placement Notice (RHUPN) (11/23), which is
					 incorporated by reference. The explanation of the reason(s) shall include the
					 information and evidence relied upon for the action taken.
(C) Provide the inmate a copy of the automated
					 RHUPN (11/23).
(6) If
					 restricted housing placement is deemed appropriate, the Administrative Reviewer
					 shall retain the inmate in restricted housing and address the appropriate cell
					 status pending the ICC hearing. If placement is based on an investigation into
					 safety concerns and the Administrative Reviewer determines placement does not appear
					 to be based on the inmate's own misconduct, the Administrative Reviewer may grant
					 temporary Non Disciplinary Restricted Housing for privileges and access to property
					 pending ICC review. The determination shall be based on a review of the
					 circumstances of placement, including any confidential documents and an interview
					 with the inmate.
(7) The decision
					 rendered shall be documented on the automated RHUPN (11/23). This documentation
					 shall include an explanation of the reason(s) for retention and the information and
					 evidence relied upon.