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 10 - Classification › Section 3378.6 - Review and Action Following Receipt of Debrief Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt of a completed Debrief Report by institution
						staff, the following process will be completed:
(a) STG investigative staff will review the report
					 to identify inmates (other than the debriefing inmate) who are addressed in the
					 report and currently housed at the institution.
(1) Serious STG behavior determined to have
					 occurred within CDCR jurisdiction shall be reviewed by the STG Lieutenant or an
					 appropriate Lieutenant to determine if the behavior warrants further investigation
					 to establish facts/corroborate the information being provided and issuance of a
					 Rules Violation Report, in accordance with section
					 3378.4(a) STG
					 Disciplinary Matrix.
(2) Staff shall
					 prepare a Rules Violation Report, as appropriate, documenting the information as
					 received from the confidential source and any pertinent information gleaned through
					 the investigation.
(3) The disciplinary
					 process will proceed as outlined in Sections
					 3310 through
					 3326, Inmate
					 Discipline.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 10 - Classification › Section 3378.7 - Debrief Processing Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CDCR has established a DPU to house inmates who are assigned
						to Phase I and Phase II of the debrief process. A DPU may be established at any
						institution or facility the Department deems appropriate. The DPU shall provide a
						safe housing location for those inmates who have decided to disassociate from a STG.
						Placement within the DPU is in accordance with section
						3378.5. Inmates will be afforded
						expanded program opportunities as they progress through the DPU.
(a) The minimum eligible criteria for placement in
					 the DPU shall consist of:
(1) The inmate must be
					 validated.
(2) The inmate must have
					 completed the Initial Debrief Intake Interview.
(3) The inmate must not be serving an active RHU
					 MRD.
(4) The inmate does not have a BPH
					 scheduled, in accordance with section
					 3379(a)(3).
(5) The inmate does not have a disciplinary case
					 pending review/acceptance by the District Attorney.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 10 - Classification › Section 3378.8 - Transitional Housing Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Transitional Housing Unit (THU) shall provide a continued
						program of observation to evaluate that an inmate has successfully disassociated
						from STG behavior and is capable of programming in a general population (GP)
						setting. Placement into the THU can be from either a Security Housing Unit, Debrief
						Processing Unit (DPU), or from GP. THU inmates shall be housed separately from other
						GP inmates due to potential safety concerns.
(a) The debrief process is designed to review,
					 monitor and evaluate each individual and ensure that the inmate participating in the
					 debrief process is not a threat to staff or other inmates, and has sincerely
					 renounced all STG related activities. A period of observation is included in the
					 debrief process to ensure that an inmate will be able to program in a GP setting
					 with inmates of diverse backgrounds, as well as other disassociated STG
					 members/associates. STG affiliates housed in general population or similar
					 specialized housing prior to beginning the debrief process may bypass placement in
					 the Transitional Housing Unit, as authorized by ICC. Female offenders who complete
					 the interview phase of the debrief process, shall complete the observation phase in
					 a general population institution. The minimum eligible criteria to be placed into
					 the THU shall consist of:
(1) The formal debrief
					 process as set forth in section
					 3378.5 must be satisfactorily completed
					 and approved through the Office of Correctional Safety (OCS) via a completed CDC
					 Form 128-B (4/74), General Chrono, which is incorporated by reference.
(2) The inmate must be willing to commit to
					 personal change, pursuant to section
					 3378.5.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 10 - Classification › Section 3378.10 - Termination of Security Threat Group (STG) Validation Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) STG-I or
					 STG-II Associates:
(1) A validated STG-I or STG-II
					 associate in any type of general population, or an associate determined to have
					 dropout status, who remains free of STG disciplinary behavior for a period of six
					 (6) consecutive years, while incarcerated within CDCR, may be eligible to have their
					 STG Validation Status terminated. The six years will begin counting toward
					 completion of the required time period as follows:
(A) Validated Associates released from SDP to
					 general population: the date upon which a committee approved release from restricted
					 housing.
(B) Validated Associates who
					 remain in general population housing: the date of initial validation
(C) Dropout status inmates: the date of the CDCR
					 Form 128-B2 (Rev. 06/14) Security Threat Group Validation/Rejection Review, which is
					 incorporated by reference, changing their status to "Dropout".
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 1 - Wardens, Superintendents, Parole Region Administrators › Section 3380 - Chief Executive Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The warden
					 or superintendent of an institution of the department is the chief executive officer
					 of that institution, and is responsible for the custody, treatment, training and
					 discipline of all inmates under his or her charge.
(b) Parole region administrators are the chief
					 executive officer of their respective parole regions, and are responsible for the
					 supervision of all parolees and furloughees assigned to the region, and to the
					 districts, units and community correctional centers under the region's
					 jurisdiction.
(c) Subject to the
					 approval of the Secretary of Corrections and Rehabilitation, wardens,
					 superintendents and parole region administrators will establish such operational
					 plans and procedures as are required by the Secretary for implementation of
					 regulations and as may otherwise be required for their respective operations. Such
					 procedures will apply only to the inmates, parolees and personnel under the
					 administrator.
(d) Copies of institution
					 and parole region operational plans and procedures requiring the Secretary's review
					 and approval will be submitted to central office on a scheduled basis. A copy of
					 each currently approved plan will be maintained in the department's policy
					 documentation files. Operational procedures which do not require the Secretary's
					 review and approval do not need to be submitted to central office unless requested.
					 In compliance with the Public Records Act, departmental regulations and procedures,
					 as well as institution and parole region operational plans and procedures of a
					 nonconfidential nature, will be made available for public examination at any
					 administrative office of the department where such information is
					 maintained.
1. Amendment of
						subsection (d) filed 8-22-79; effective thirtieth day thereafter (Register 79, No.
						34).
2. Change without regulatory effect amending subsections (c) and (d)
						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 and
						  Section
						  6253,
						  Government 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 1 - Wardens, Superintendents, Parole Region Administrators › Section 3381 - Absence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Wardens, superintendents and parole region administrators will
						obtain the director's approval before voluntarily absenting themselves from duty for
						more than one regular state workday. Each warden, superintendent and parole region
						administrator will submit for the director's approval the names and titles of three
						top-ranking subordinates who will serve in the administrator's place during
						temporary absences. The persons named will be designated as first, second and third
						alternate, to serve as acting warden, superintendent or region administrator. While
						so acting, the person designated has the same authority and power as the warden,
						superintendent or region administrator.
Comment: Former DP-5102, absence from institution.
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 1 - Wardens, Superintendents, Parole Region Administrators › Section 3382 - Incident Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any event or
					 activity occurring within the jurisdiction of institutions or parole regions which
					 may be of immediate interest or concern to the department, or of special interest to
					 other governmental agencies or the news media, will be immediately reported by
					 institution and region staff by telephone to the office of the Secretary or to the
					 departmental duty officer. Wardens and superintendents will submit a written report
					 of the incident to the Secretary within 24 hours of the verbal notice. Parole
					 regions will submit written reports in accordance with timelines established by the
					 Director, Division of Adult Parole Operations.
(b) Incidents to be reported include, but are not
					 limited to, all serious crimes such as homicide or severe assaults upon or by
					 inmates, parolees or employees, escapes, and sensational activities or events such
					 as riots, strikes, demonstrations, disturbances, or disruption of essential
					 services, and significant damage or destruction of state property.
1. Amendment
						filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9.
2.
						Amendment of subsections (a) and (b) and new NOTE filed 12-9-2008; operative
						1-8-2009 (Register 2008, No. 50).
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 5 - Personnel › Article 1 - Wardens, Superintendents, Parole Region Administrators › Section 3383 - State of Emergency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A state of
					 emergency shall exist when the institution head or regional parole
					 administrator/deputy director, Division of Adult Parole Operations (DAPO),
					 temporarily suspends any nonessential operation, procedure, service or function, and
					 the normal time limits or schedules for such activity in order to prevent, contain
					 or control a disturbance.
(b) The
					 Assistant Secretary, Office of Correctional Safety, shall be contacted by any of the
					 persons specified in section
					 3383(a), or their
					 designee, when a state of emergency is declared.
(c) Approval of the Secretary or Secretary's
					 designee is required when:
(1) A lockdown or
					 modified program of all housing units/sub-facilities within a facility's security
					 perimeter is to exceed 24 hours.
(2) A
					 lockdown or modified program of fewer than all housing units/sub-facilities within a
					 facility's security perimeter is to exceed 72 hours.
(3) The suspension of a facility's major program
					 or operation is to exceed 72 hours; e.g., an academic or Career Technical Education
					 program, visiting program, yard operation, or dining room
					 operation.
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 1 - Wardens, Superintendents, Parole Region Administrators › Section 3384 - Administrative Visitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Wardens and superintendents or a designated staff member
						acting in that capacity, the chief custodial officer, the chief medical officer, and
						other administrative and management staff, will visit institution living and
						activity areas at least weekly.
1. New section
						filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 5 - Personnel › Article 2 - Employees › Section 3390 - Background Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Background
					 investigations on applicants for non-peace officer classifications shall be limited
					 to applicants applying for the following classifications:
(1) Dentist.
(2) Chief dentist.
(3) Supervising dentist
(4) Staff psychiatrist.
(5) Senior psychiatrist.
(6) Chief psychiatrist, correctional
					 facility.
(7) Staff psychologist
					 (counseling or clinical).
(8) Senior
					 psychologist.
(9) Chief
					 psychologist.
(10) Physician and
					 surgeon.
(11) Chief physician and
					 surgeon.
(12) Chief medical officer,
					 correctional institution.
(13) Assistant
					 superintendent, psychiatric services, correctional facility.
(14) Deputy superintendent, clinical services,
					 correctional facility.
(15) Chief,
					 medical services, correctional program.
(16) Correctional case records (complete
					 series).
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 2 - Employees › Section 3391 - Employee and Appointee Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employees
					 and appointees of the California Department of Corrections and Rehabilitation (CDCR
					 or department) shall:
(1) Comply with all laws,
					 including applicable sections of the California Code of Regulations, Title 15 and
					 Title 2, section
					 172, General Qualifications.
(2) Comply with departmental policy and applicable
					 local operating procedures.
(3) Comply
					 with their duty statements or institution post orders, as applicable.
(4) Adhere to the professional standards
					 applicable to their profession.
(5)
					 Report for duty at the time directed and remain in their work assignments until the
					 completion of their workday or tour of duty, except with permission of their
					 supervisor.
If for any reason an employee is unable to report for duty,
						the employee shall notify their supervisor prior to the start of their scheduled
						workday.
(6) Be alert, courteous,
					 respectful, and professional in their interactions with inmates, wards, parolees,
					 fellow employees, visitors, their families, and members of the public.
(7) Not engage in any behavior or use language,
					 which is sexually explicit, abusive, profane, discriminatory or harassing while on
					 duty. Employees and appointees shall not engage in any conduct that discredits an
					 employee, appointee, or the department.
(8) Respect others and treat them equally
					 regardless of race, color, national origin, ancestry, gender, gender identity,
					 gender expression, religion, marital status, age, disability, medical condition,
					 pregnancy, sexual orientation, veteran status, political affiliation, or their
					 membership in a protected class as defined by state or federal law.
(9) Report misconduct, unethical or illegal
					 activity, and any complaints or discipline that impacts professional
					 licensure.
(10) Cooperate with any
					 inquiry or investigation conducted by, or on behalf, of the department.
(11) Peace officers shall comply with the Peace
					 Officer Code of Ethics as defined in CCR, Title 11, Division 2, Article 1, section
					 1013. Peace officers are held to a
					 higher standard of conduct on and off-duty than other public
					 employees.
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 2 - Employees › Section 3392.1 - Allegation Inquiry and Investigation Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt
					 and review of an allegation inquiry report, investigation report, or approval of
					 direct adverse action, the hiring authority shall render a determination for each
					 allegation for each subject. The findings and their explanations are as follows:
(1) NO FINDING: The complainant failed to disclose
					 promised information to further the investigation; the investigation revealed that
					 another agency was involved and the complainant has been referred to that agency;
					 the complainant wishes to withdraw the complaint; the complainant refuses to
					 cooperate with the investigation; or the complainant is no longer available for
					 clarification of facts/issues.
(2) NOT
					 SUSTAINED: The investigation failed to disclose a preponderance of evidence to prove
					 or disprove the allegation made in the complaint.
(3) UNFOUNDED: The investigation conclusively
					 proved that the act(s) alleged did not occur, or the act(s) may have, or in fact,
					 occurred but the individual employee(s) named in the complaint(s) was not
					 involved.
(4) EXONERATED: The facts,
					 which provided the basis for the complaint or allegation, did in fact occur;
					 however, the investigation revealed that the actions were justified, lawful, and
					 proper.
(5) SUSTAINED: The investigation
					 disclosed a preponderance of evidence to prove the allegation(s) made in the
					 complaint.
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 2 - Employees › Section 3392.2 - Corrective Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A hiring
					 authority shall only impose corrective action when an the hiring authority
					 determines that employee's behavior or performance is correctable by counseling or
					 training.
(b) Failure by an employee to
					 comply with corrective action may result in adverse action, based on repeated
					 incidents of misconduct, or the severity of the misconduct.
1. New section
						filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or
						emergency language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 6-13-2022 order, including
						renumbering of former section
						3392.2 to section
						3392.3, renumbering of former section
						3392.1 to section
						3392.2 and amendment of NOTE,
						transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9-29-2022
						pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 39).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Section
						  5054, Penal Code,
						  Armstrong et al. v. Newsom et al., United States District Court for the Northern
						  District of California, Court Case number 94-cv-02307-CW, Madrid v. Woodford,
						  Special Masters Final Report Re: Department Of Corrections Post Powers
						  Investigations And Employee Discipline; Case No. C90-3094-T.E.H. and Madrid v.
						  Woodford, Order; Case No. C90-3094-T.E.H. Class 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 5 - Personnel › Article 2 - Employees › Section 3392.3 - Adverse Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any employee
					 or person whose name appears on any employment list may receive adverse action based
					 on any of the causes for discipline listed in Government Code section
					 19572.
(b) When taking adverse action, the penalty shall
					 be imposed consistent with the Employee Disciplinary Matrix.
(c) A hiring authority may only take adverse
					 action after finding that the allegation(s) of misconduct are sustained by a
					 preponderance of evidence.
(d) Adverse
					 action for off-duty misconduct requires a Nexus between the employee's behavior and
					 their employment.
1. New section
						filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or
						emergency language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 6-13-2022 order, including
						renumbering of former section
						3392.3 to section
						3392.4, renumbering of former section
						3392.2 to section
						3392.3 and amendment of subsection (d)
						and NOTE, transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective
						9-29-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 39).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  18524,
						  19571 and
						  19572,
						  Government Code; Section
						  115, Evidence
						  Code; and Sections
						  5054 and
						  5058.4, Penal Code;
						  Yancey v. State Personnel Board (1985) 167 Cal.App.3d.478; Armstrong et al. v.
						  Newsom et al., United States District Court for the Northern District of California,
						  Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters Final Report
						  Re: Department Of Corrections Post Powers Investigations And Employee Discipline;
						  Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; Case No. C90-3094-T.E.H.
						  Class 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 5 - Personnel › Article 2 - Employees › Section 3392.4 - Adverse Action Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Letter of
					 Reprimand: A Letter of Reprimand is the lowest level of adverse action.
(b) Salary Reduction: A Salary Reduction is a
					 reduction of a percentage of an Employee's salary within the salary range of the
					 employee's classification for a specified number of qualifying pay
					 periods.
(c) Suspension without Pay:
					 Suspension Without Pay is a temporary separation from state service during which the
					 employee does not work and pay is docked for a specified period of time. A
					 Suspension without Pay shall be specified in qualifying workdays.
(1) While on a Suspension without Pay, an employee
					 who is on an alternate work schedule will revert to a 5/8/40 work
					 schedule.
(2) The Suspension without Pay
					 shall not run concurrent with any other leave and shall be tolled for any holiday,
					 vacation, furlough, or other leave.
(3)
					 An employee's service credits, health benefits, and other benefits may be affected
					 depending upon the length of Suspension without Pay.
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 2 - Employees › Section 3392.6 - Statutes of Limitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notices of
					 adverse action and letters of intent shall be served on employees prior to the
					 expiration of the applicable statute of limitations period pursuant to Government
					 Code sections
					 3304 and
					 19635.
(b) The statute of limitations for taking adverse
					 action shall be assessed in accordance with all applicable laws, including
					 Government Code section
					 3304(d)(1)
					 for sworn staff, and Government Code section
					 19635 for both
					 sworn and non-sworn staff.
(c) For the
					 purpose of commencing the one-year statute of limitations for peace officers under
					 Government Code section
					 3304(d)(1),
					 only a hiring authority and the Office of Internal Affairs (OIA) Centralized
					 Screening Team (CST) is authorized by the department to initiate the internal
					 affairs investigation process upon the hiring authorities or CST's discovery of an
					 allegation of misconduct.
1. New section
						filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or
						emergency language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 6-13-2022 order, including
						renumbering of former section
						3392.6 to section
						3392.7, renumbering of former section
						3392.5 to section
						3392.6 and amendment of NOTE,
						transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9-29-2022
						pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 39).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  Sections
						  3304 and
						  19635,
						  Government Code; Jackson v. City of LA (2003) 111 Cal.App.4th 899; Armstrong et al.
						  v. Newsom et al., United States District Court for the Northern District of
						  California, Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters
						  Final Report Re: Department Of Corrections Post Powers Investigations And Employee
						  Discipline; Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; Case No.
						  C90-3094-T.E.H. Class 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 5 - Personnel › Article 2 - Employees › Section 3392.7 - Setting the Effective Date of the Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hiring
					 authority shall determine the effective date of the adverse action.
(b) The effective date must be set out at least 5
					 working days from the date of service of the notice of adverse action for
					 non-manager employees pursuant to CCR, Title 2, section
					 52.6, and twenty calendar days for
					 managers pursuant to Government Code section
					 19590(b),
					 to provide time for a
Skelly
Hearing if requested.
1. New section
						filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or
						emergency language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 6-13-2022 order, including
						renumbering of former section
						3392.7 to section
						3392.8, renumbering of former section
						3392.6 to section
						3392.7 and amendment of NOTE,
						transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9-29-2022
						pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 39).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  5054 and
						  5058.4, Penal Code;
						  Skelly v. State Personnel Board (1975) 15 Cal.3d 194; Sections
						  3513(e)
						  and
						  19590,
						  Government Code; Armstrong et al. v. Newsom et al., United States District Court for
						  the Northern District of California, Court Case number 94-cv-02307-CW; Madrid v.
						  Woodford, Special Masters Final Report Re: Department Of Corrections Post Powers
						  Investigations And Employee Discipline; Case No. C90-3094-T.E.H. and Madrid v.
						  Woodford, Order; Case No. C90-3094-T.E.H. Class Action and CCR, Title 2, section
						  52.6.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 5 - Personnel › Article 2 - Employees › Section 3392.9 - Use of Administrative Time Off

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an
					 employee is under investigation or subject to discipline, the hiring authority shall
					 place an employee on Administrative Time Off (ATO) for one or more of the following
					 reasons, unless the employee is transferred pursuant to section
					 3392.10, or unless, based on the
					 circumstances of the misconduct, the hiring authority determines that ATO or
					 transfer is not necessary to ensure the safety and security of the institution or
					 the integrity of the investigation:
(1) The
					 employee has been convicted of a felony.
(2) The employee is suspected of smuggling
					 contraband.
(3) The employee has
					 jeopardized or their continued presence will jeopardize, the safety and security of
					 the workplace or the health and welfare of other employees, inmates, wards, or
					 parolees.
(4) The employee's continued
					 presence in the workplace during the investigation or discipline process would
					 undermine the department's ability to conduct a fair and thorough investigation or
					 discipline process.
(5) The proposed
					 discipline is likely dismissal.
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 2 - Employees › Section 3392.10 - Temporary Involuntary Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A hiring
					 authority may temporarily involuntarily transfer an employee while the employee is
					 under investigation or to prevent misconduct that could lead to adverse action while
					 an investigation is pending.
(b)
					 Transfer under this section means to transfer the employee either to another
					 position in the same class at the same location or from one location to another
					 consistent with Government Code section
					 19994.1.
(c) In evaluating the need for transfer, hiring
					 authorities shall consider the nature of the allegation(s), and whether the staff
					 member has previously been the subject of a staff misconduct allegation or found to
					 have committed misconduct similar to the current allegation(s).
(d) The hiring authorities shall consider whether
					 transfer is necessary on an ongoing basis throughout the investigation.
(e) Temporary Involuntary Transfer shall be
					 considered by each hiring authority as an alternative to the use of Administrative
					 Time Off.
1. New section
						filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency
						language will be repealed by operation of law on the following day.
2.
						New section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022,
						No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or
						emergency language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 6-13-2022 order, including
						renumbering of former section
						3392.9 to new section
						3392.10 and amendment of NOTE,
						transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9-29-2022
						pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 39).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  Section
						  19994.1,
						  Government Code; Armstrong et al. v. Newsom et al., United States District Court for
						  the Northern District of California, Court Case number 94-cv-02307-CW, Madrid v.
						  Woodford, Special Masters Final Report Re: Department Of Corrections Post Powers
						  Investigations And Employee Discipline; Case No. C90-3094-T.E.H. and Madrid v.
						  Woodford, Order; Case No. C90-3094-T.E.H. Class 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 5 - Personnel › Article 2 - Employees › Section 3393 - Uniforms, Badges, and Insignia

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All peace
					 officer personnel shall wear uniforms and insignia as prescribed by the Secretary,
					 unless specifically exempted by the warden, superintendent, or regional parole
					 administrator. Personnel shall not wear a department uniform into any bar, tavern,
					 gambling hall or night club, except in the performance of assigned duties.
(b) Uniformed peace officer personnel shall wear
					 the official department badge as a standard item of uniform attire. Exceptions may
					 be authorized by the warden, superintendent, regional parole administrator, or
					 department division head to whom such employees report. All personnel appointed to
					 positions designated as peace officers in Section
					 3291 are authorized to possess and
					 carry an official California Department of Corrections and Rehabilitation badge. It
					 is unlawful for any person, including a department employee who is not a peace
					 officer, to wear, exhibit or use the department badge or a facsimile of the badge
					 without specific authority to do so.
(c)
					 All uniformed peace officer personnel shall wear a clearly displayed nameplate as a
					 standard item of uniform attire. Any employees having contact with inmates and the
					 general public may also be required to wear a nameplate while on duty, as determined
					 by the warden, superintendent, division head, or regional parole administrator to
					 whom the employee reports.
1. Amendment
						filed 7-29-76; effective thirtieth day thereafter (Register 76, No.
						31).
2. Repealer of subsection (d) and new subsections (d), (e) and (f)
						filed 3-22-78; effective thirtieth day thereafter (Register 78, No.
						12).
3. Amendment of subsection (d), repealer of subsection (e) and
						amendment and renumbering of subsection (f) to subsection (e) filed 8-22-79;
						effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment
						filed 2-16-88; operative 3-17-88 (Register 88, No. 9).
5. Editorial
						correction of printing errors in subsections (b) and (c) (Register 92, No.
						5).
6. Amendment filed 12-9-2008; operative 1-8-2009 (Register 2008, No.
						50).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  830.10, 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 2 - Employees › Section 3394 - Distractions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees assigned to security post positions or to direct
						supervision and control of inmates or parolees will not read, listen to a private
						radio, or engage in any distracting amusement or activity while on assignment except
						such authorized reading as may be required in the proper performance of their
						assigned duties.
Comment: Former DR-5205, reading or distraction while on
						duty.
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 2 - Employees › Section 3395 - Alertness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees must not sleep or be less than alert and in full
						possession of all faculties while on duty.
Comment: Former DR-5206, sleeping while on duty.
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 2 - Employees › Section 3396 - Address and Telephone

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees must promptly report any change in their address or
						telephone number to their supervisor and to the personnel office. If an employee
						does not have a telephone, the employee must furnish his or her supervisor and the
						personnel office with information on how the employee can be promptly
						reached.
Comment: Former DR-5207, change of address or
						telephone.
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 2 - Employees › Section 3397 - Emergencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Regardless of an employee's class of service, in an emergency
						any employee must perform any service, including custodial functions, if so directed
						by the warden, regional administrator or his or her delegate. At any time an
						employee is contacted by telephone or is otherwise informed of an emergency
						situation at the institution or facility to which they are assigned, the employee
						must report without delay to the officer-in-charge.
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 5 - Personnel › Article 2 - Employees › Section 3398 - Visiting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees must not receive personal visits while on duty
						except with the permission of the employee's supervisor.
Comment: Former DR-5209, visiting of employees.
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 2 - Employees › Section 3399 - Transactions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees shall not directly or indirectly trade, barter, lend
						or otherwise engage in any other personal transactions with any inmate, parolee or
						person known by the employee to be a relative of an inmate or parolee. Employees
						shall not, directly or indirectly give to or receive from any inmate, parolee or
						person known by the employee to be a relative of an inmate or parolee, anything in
						the nature of a tip, gift or promise of a gift.
1. Amendment
						filed 4-10-89; operative 5-10-89 (Register 89, No. 15).
2. Editorial
						correction of printing errors (Register 92, No. 5).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2541 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 5 - Personnel › Article 2 - Employees › Section 3400 - Familiarity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employees must not engage in undue familiarity with inmates,
						parolees, or the family and friends of inmates or parolees. Whenever there is reason
						for an employee to have personal contact or discussions with an inmate or parolee or
						the family and friends of inmates and parolees, the employee must maintain a helpful
						but professional attitude and demeanor. Employees must not discuss their personal
						affairs with any inmate or parolee.
Comment: Former DR-5211, undue familiarity.
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 2 - Employees › Section 3401 - Employee and Inmate/Parolee Relations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
					 provided in (e) below, employees shall not take, deliver or otherwise transmit,
					 either to or from any inmate or member of an inmate's family; any verbal or written
					 message, document, item, article or substance.
(b) Except as provided in (e) below, employees
					 shall not contact, correspond or otherwise communicate with any inmate, parolee or
					 member of an inmate's or parolee's family.
(c) If an employee is contacted by any inmate,
					 parolee or member of an inmate's or parolee's family, other than under circumstances
					 specified in (e) below, the employee shall immediately notify, in writing, the
					 employee's institution head or director/assistant secretary of that fact.
(d) Any employee asked, coerced or otherwise
					 contacted by any person to transmit, take or relay any message, item or substance,
					 either to or from, any inmate, parolee or member of an inmate's or parolee's family,
					 by other than approved means or circumstances, shall immediately notify, in writing,
					 their institution head or director/assistant secretary of that fact.
(e) Exceptions to the above prohibitions are as
					 follows:
(1) In the execution of their assigned
					 duties, employees shall issue, or receive from inmates any mail, packages, supplies
					 and other items due or permitted them according to department policy and local
					 procedures.
(2) In the execution of
					 their assigned duties, employees shall interact with any inmate, parolee or member
					 of an inmate's or parolee's family as necessary.
(3) While off-duty, and only in accordance with
					 this regulation, departmental employees may conduct relationships with any inmate,
					 parolee or member of an inmate's or parolee's family who is either the employee's
					 immediate family member, as defined in section
					 3000, or the employee's aunt, uncle,
					 niece, nephew, or first cousin.